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THE  UNIVERSITY 


OF  ILLINOIS 
LIBRARY 

352.0773 

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X41S. 


©F  THE 


©ITT  ©F  MT.  POLASKI 

ILLINOIS. 


Published  by  Anithority  ©f  th© 

©ity  ©©iafigU. 


REVISED  AND  ARRANGED 

BY 

F.  E.  T©MEINS©N. 
1897. 


Mt.  Pulaski  News  Printing  Establishment. 


-*>?a ,  vill> 

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AN  ORDINANCE 


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For  Revising  and  Consolidating  the  General  Ordinances  of 

the  City  of  Mt,  Pulaski, 


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Whereas,  It  is  expedient  that  the  general  ordinances  of  this  city 
should  be  consolidated  and  arranged  in  appropriate  chapters  and 
sections,  and  that  an  index  to  the  whole  should  be  made;  therefore, 


Be  it  Ordained  by  the  City  Council  of  the  City  of  Mt.  Pulaski 
in  the  Manner  Following — that  is  to  say: 


a. 


\  X 


985648 


2 


REVISED  ORDINANCES 


CHAPTER  I. 


ADDITIONS,  MAPS  AND  PLATS. 


Section  1. 
“  2. 
“  3. 

“  4. 

“  5. 

“  6. 
“  7. 


Original  surveys. 

Additions  to  correspond  with  streets. 

Plats  must  be  submitted  to  council. 

Penalty  for  recording  Plat  before  approved,  etc. 
Penalty  for  selling  Lots,  etc. 

Plats  of  unusual  form  liovv  authorized. 

Certificate  of  approval. 


Section  1.  Original  surveys.  Be  it  ordained  by  the  city 
council  of  the  city  of  Mt.  Pulaski:  That  the  original  surveys 
and  plat  of  the  town  of  Mt.  Pulaski,  together  with  the  additions 
subsequently  made  thereto  shall  be  and  the  same  are  hereby  adopt¬ 
ed  as  the  city  plat  of  said  city,  together  with  a  survey  made  bv 
Thomas  Gardner,  County  Surveyor  of  Logan  County,  Illinois,  and 
filed  for  record  in  the  office  of  the  circuit  clerk  of  said  county  and 
state,  on  the  27th  day  of  November,  A.  D.  1875,  and  duly  recorded 
in  Book  No.  1  of  Plats  at  page  48  of  the  records  in  said  office. 

Sec.  2.  Additions  to  correspond  with  streets.  Any  addi¬ 
tion  or  additions  which  may  be  made  to  said  city,  or  any  lands  ad¬ 
joining,  or  within  the  same  which  may  be  laid  out  into  lots  or  blocks, 
shall  be  laid  out,  surveyed  and  platted  so  that  the  blocks  or  other 
subdivisions  shall  conform  to  the  regular  blocks  of  the  original  town 
plat,  or  with  the  regular  blocks  of  the  additions  adjoining  said  lands 
or  additions  proposed  to  be  laid  out.  The  streets  and  alleys  of  such 
proposed  additions  shall  correspond  with  and  conform  to  the  pre¬ 
viously  established  streets  and  alleys  with  which  they  may  connect 
and  by  such  connections  become  a  continuation  of  the  same. 


Sec.  3.  Plats  must  be  submitted  to  city  council.  Any 
person  who  shall  survey  or  plat  any  additions  to  the  city  of  Mt. 
Pulaski,  or  any  lands  adjoining  or  within  the  same,  into  lots,  blocks, 
or  other  subdivisions,  or  shall  re-subdivide  any  block,  lot,  sub-lot, 
out-lot  or  part  thereof,  within  said  city,  shall  submit  the  map,  plat 
or  subdivision  thereof  to  the  city  council  for  its  approval;  and  no 


or  THE  CITY  OF  MT.  PULASKI. 


3 


such  map,  plat  or  subdivision  shall  be  valid,  or  be  admitted  to  rec¬ 
ord  in  the  office  of  the  recorder  of  deeds  in  and  for  Logan  county, 
until  the  same  has  been  so  submitted  and  approved  by  the  city 
council. 

Sec.  4.  Penalty  for  recording  plat  before  approval ,  etc. 

Any  person  who  shall,  as  owner  of  the  land  so  surveyed  or  platted, 
or  as  the  agent  of  any  such  owner,  cause  to  be  recorded  in  the  re¬ 
corder’s  office  of  Logan  county,  any  such  map,  plat  or  subdivision 
mentioned  in  Section  3,  without  having  the  same  submitted  to  and 
approved  by  the  city  council,  before  filing  the  same  in  said  record¬ 
er’s  office  for  record,  shall  be  fined  not  less  than  twenty-five  dollars, 
nor  more  than  one  hundred  dollars. 

Sec.  5.  Penalty  for  selling  lots ,  etc.  Any  person  who,  as 
owner  of  the  land  so  surveyed  or  platted,  or  as  the  agent  of  any 
such  owner,  shall  sell  or  offer  for  sale  any  lot,  block,  subdivision,  or 
part  thereof,  in  any  such  addition,  division,  or  subdivision  of  lands- 
as  mentioned  in  Section  3,  hereof,  before  the  map,  plat  or  subdivis¬ 
ion  thereof  has  been  approved  by  said  city  council,  shall  be  finedi 
not  less  than  twenty- five  dollars  nor  more  than  one-hundred  dollars 
for  each  offense. 

Sec.  6.  Plats  of  unusual  form  how  authorized.  When  any 
person  may  wish  to  plat  or  lay  out  any  addition  of  land  within  the 
corporate  limits  of  the  city  of  Mt.  Pulaski,  in  any  other  manner 
than  is  hereinbefore  described,  he  may  apply  to  the  city  council  of 
said  city,  in  writing,  designating  the  manner  in  which  he  proposes 
to  lay  out  or  plat  said  addition,  and  submit  a  plat  thereof.  Upon 
approval  of  such  plat  by  the  city  council  by  resolution,  by  the  af¬ 
firmative  vote  of  a  majority  of  the  aldermen  elected  in  said  city 
council,  such  lands  may  be  so  laid  out  and  platted.  Provided, 
That  such  application  shall  not  be  acted  upon  by  said 
city  council  until  it  and  the  plat  accompanying  it  shall  have  been 
on  file  in  the  office  of  the  city  clerk  for  at  least  thirty  days;  and 
notice  of  such  application  shall  have  been  published  in  two  succes¬ 
sive  issues  of  some  weekly  newspaper  published  in  said  city,  or  no¬ 
tice  thereof  given  by  posting  written  notices  of  the  same  in  four  of 
the  most  public  places  in  said  city,  at  least  twenty  days  before  the 
date  of  the  meeting  of  the  city  council  at  which  action  is  to  be  tak¬ 
en  on  such  application.  If  notice  is  given  by  publication  in  a  news¬ 
paper,  the  first  publication-  thereof  must  be  at  least  twenty  days 


4 


REVISED  ORDINANCES 


before  the  date  of  the  meeting  of  the  city  council  at  which  action 
is  taken  on  such  application. 

Passed  the  5th  day  of  April,  A.  D.  1897. 

Approved  the  5th  day  of  April,  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 

H.  B.  Capps,  City  Clerk. 


OF  THE  CITY  OF  MT.  PULASKI, 


5 


CHAPTER  II. 


AMUSEMENTS. 


Section  1. 


4  4 

2. 

4  4 

3. 

4  4 

4. 

i  4 

5. 

-4 . 

6. 

•4 4 

7. 

l  4 

8. 

4  4 

9. 

4  4 

10. 

k  4 

11. 

4  4 

12. 

4  4 

13. 

4  4 

14. 

4  4 

15. 

Classification  of  amusements. 

License  required. 

Licenses  and  fees. 

Class  and  fee  decided  by  the  mayor. 

License  subject  to  all  ordinances. 

Entertainments  where  liquor  is  sold. 

Owners,  lessees  or  agents  to  see  license  is  obtained. 
Persons  in  hallways. 

Indecent  play. 

Disorderly  conduct. 

Processions  in  the  street. 

Shooting  galleries. 

Rate  of  license. 

Target  shooting  in  uninclosed  place. 

Shooting  of  firearms. 


Section  l.  Classification  of  amusements.  Be  it  ordained  by 
the  city  council  of  the  city  of  Mt.  Pulaski:  That  forthe  pur¬ 
pose  of  providing  for  the  licensing  and  taxation  of  theatricals, 
shows,  amusements  and  all  public  exhibitions  for  gain,  the  same 
are  hereby  divided  into  three  classes,  which  shall  be  known  as  first, 
second  and  third  class,  viz: 

First y  Entertainments  of  a  regular  dramatic  or  operatic  charac¬ 
ter,  variety  shows  and  negro  minstrels,  given  in  theater  or  opera 
houses,  shall  be  known  as  entertainments  of  the  first  class. 

Second ,  Concerts  or  other  musical  entertainments,  public  read¬ 
ing,  exhibitions  of  paintings  or  statuary,  panoramas,  performance 
of  feats  of  jugglery,  sleight  of  hand  or  necromancy,  exhibition  of  nat¬ 
ural  or  artificial  curiosities,  and  other  entertainments  of  every  kind 


6 


REVISED  ORDINANCE  E 


not  mentioned  in  this  section,  which  may  be  given  in  theatres,  opera 
houses  or  public  halls,  shall  be  known  as  entertainments  of  the  sec¬ 
ond  class. 

Third,  Circuses,  menageries,  caravans,  hippodromes,  side-shows 
and  concerts,  minstrel  and  musical  entertainments  given  under  can¬ 
vas,  exhibitions  of  monsters  or  freaks  of  nature,  and  all  exhibitions 
that  maybe  given  under  a  canvas,  not  herein  specifically  mentioned,, 
shall  be  known  as  entertainments  of  the  third  class. 

Sec.  2.  License  required.  No  person  or  persons  shall  give 
any  entertainments  mentioned  in  this  chapter  within  the  limits  of 
the  city,  for  gain,  without  a  license  therefor  first  had  and  obtained 
from  the  mayor,  under  the  seal  of  the  city,  under  a  penalty  of  not 
less  than  ten  dollars,  and  not  exceeding  two  hundred  dollars  for  each 
and  every  such  entertainment  given  in  violation  of  this  chapter. 
Provided,  That  for  concerts, exhibitions, musical  entertainment  given 
by  or  for  some  home  association,  society  or  church,  no  license  shall 
be  required. 

Sec.  3.  Licenses  and  fees.  Each  license  shall  express  on  its 
face  for  what  it  is  granted,  and  the  time  it  is  to  continue;  and  the 
following  license  fee  shall  be  charged  for  each  license  granted,  and 
shall  be  paid  to  the  city  clerk,  viz: 

First,  For  entertainments  of  the  first  class,  the  sum  [of]  one  dollar 
for  every  performance  or  exhibition. 

Second,  For  entertainments  of  the  second  class  the  sum  of  one  dol¬ 
lar  for  each  performance  or  exhibition. 

Third,  For  entertainments  of  the  third  class,  the  following  sums, 
viz:  For  each  circus  or  menaverie.  or  circus  and  menagerie  com- 

O  '  O 

bined,  and  each  hippodrome,  the  sum  of  ten  dollars,  per  day  for 
each  day;  for  each  side  show  with  any  circus,  menagerie  or  hippo¬ 
drome,  two  dollars  for  each  day;  for  each  concert,  musical  or 
minstrel  entertainment,  given  under  a  canvas  the  sum  of  five 
dollars;  for  any  other  entertainment  of  the  third  class  the  sum  of 
five  dollars  per  day  is  to  be  charged. 

Sec.  4.  Class  and  fee  decided  by  the  mayor.  The  mayor 
shall  determine  in  every  case,  when  application  is  made  for  a  li¬ 
cense  under  this  chapter,  the  class  to  which  the  entertainment  be¬ 
longs,  and  the  amount  of  the  license  fee  to  be  paid,  when  it  is  not 
specifically  fixed  by  this  chapter.  The  person  to  whom  the  license 
is  granted,  shall  pay  the  license  fee  to  the  clerk,  who  shall  issue 


T)F  THE  CITY  ©F  YIT.  PULASKI. 


i 


the  license;  which  license  shall  be  signed  by  the  mayor  and  attested 
by  the  clerk. 

Sec.  5.  License  subject  to  all  ordinances .  Every  license 
granted  under  the  provisions  hereof,  shall  be  subject  to  the  ordi¬ 
nances  of  the  city  existing  when  the  same  shall  be  issued,  or  which 
shall  hereafter  be  passed  so  far  as  the  same  shall  apply. 

Sec.  6.  Entertainments  where  liquor  is  sold.  No  person 
shall  be  allowed  to  give  any  -concert,  musical  entertainment,  dra¬ 
matic  or  'variety  show,  or  entertainment  of  any  kind,  in  any  li¬ 
censed  saloon  or  place  where  intoxicating  liquors  are  sold,  or  in  any 
place  the  entrance  to  which  is  through  a  saloon,  without  a  special 
permit  from  the  city  council ;  any  person  violating  this  section  shall 
be  fined  not  less  than  ten  dollars,  nor  more  than  two  hundred  dol¬ 
lars  for  each  violation. 

Sec.  7.  Owners,  lessees  or  agents  to  see  license  is  obtain¬ 
ed.  It  shall  be  the  duty  of  every  proprietor,  lessee  or  the  agent 
(either)  in  charge  of  any  theater,  hall  or  other  building  where  public 
entertainments  are  given,  before  he  permits  any  person  or  persons 
to  use  the  same  for  giving  any  entertainments  therein  for  gain,  to 
see  that  a  license  therefor  is  obtained  as  herein  required,  or  to  ob¬ 
tain  the  same  himself,  either  in  his  own  name,  or  in  the  name  of 
the  person  or  persons  proposing  to  give  such  entertainment,  under 
a  penalty  of  not  less  than  five  dollars,  nor  more  than  fifty  dollars 
for  each  offense. 

Sec.  8.  Persons  in  hallways.  It  shall  not  be  lawful  for  boys 
or  other  persons  to  loiter  or  stand  in  any  lobby,  hallway  or  outer 
entrance  to  any  theatre,  hall  or  other  public  building,  or  on  the 
sidewalk  adjacent  to  such  entrance,  after  a  request  to  move  on, 
made  by  the  owner,  lessee  or  manager  of  the  entertainment,  or  any 
police  officer,  under  a  penalty  of  not  less  than  one  dollar,  nor  more 
than  twenty-five  dollars  for  each  offense. 

Sec.  9.  Indecent  play.  No  license  shall  be  granted  for,  or  if 
granted  the  same  shall  not  be  held  to  authorize  the  enacting  or  per¬ 
formance  of  any  indecent  or  lewd  play  or  exhibition  of  any  kind; 
and  any  person  giving,  exhibiting  or  taking  part  in  any  such  play 
or  exhibition  shall  be  fined  not  less  than  five  dollars  nor  more  than 
two  hundred  dollars. 


8 


REVISED  ORDINANCES 


Sec.  10.  Disorderly  conduct.  Any  person  that  shall  conduct 
himself  in  a  riotous  or  disorderly  manner  at  any  place  of  exhibition 
or  amusement,  shall  be  subject  to  a  penalty  of  not  less  than  three 
dollars,  and  not  exceeding  one  hundred  dollars;  and  if  any  person 
belonging  to  or  connected  with  any  such  show  or  exhibition  shall 
conduct  himself  in  a  riotous  or  disorderly  manner,  or  cause  any  dis¬ 
turbance  or  breach  of  the  peace  at  the  place  of  exhibition,  the  li¬ 
cense  of  such  shor  or  exhibition  may  be  revoked  or  forfeited  by  the 
mayor  inhis  discretion,  and  no  license  shall  at  any  time  thereafter  be 
granted  for  such  exhibition  unless  for  good  cause  shown,  and  with 
the  consent  of  the  city  council. 

Sec.  11.  Processions  in  the  Street.  No  circus,  menagerie, 
caravan,  show,  band  or  procession  of  any  kind  tending  to  the  col¬ 
lection  of  persons  on  the  streeets  and  sidewalks,  or  the  obstruction 
of  the  same,  shall  without  the  written  consent  of  the  mayor  parade 
or  travel  upon  or  through  the  streets  of  said  city,  for  the  purpose  of 
exhibiting  or  for  the  purpose  of  attracting  the  attention  thereto  of 
passers  by,  or  the  people  on  the  street  and  sidewalk;  and  no  person 
shall,  except  where  the  mayor  has  given  his  written  consent  as 
aforesaid  beat  any  drum  or  other  instrument,  or  blow  any  horn  or 
other  instrument  in  any  of  said  streets  for  the  purpose  of  attracting 
public  attention  to  any  circus,  menagerie,  show  or  procession.  Any 
person  violating  this  section  or  any  part  thereof,  either  as  owner, 
manager  or  employee  of  any  such  circus,  menagerie,  show,  band  or 
procession  of  any  kind,  shall  be  fined  not  less  than  ten  dollars,  nor 
more  than  two  hundred  dollars  for  each  offense.  Provided,  that 
this  section  shall  not  apply  to  any  band  of  music  or  musical  society 
engaged  in  serenading,  or  any  civic  or  military  society  or  other  pa¬ 
rade  made  by  citizens  of  said  city. 

Sec.  12.  Shooting  galleries.  No  person  shall  manage  or  run 
any  shooting  gallery  or  place  for  target  shooting  without  first  ob¬ 
taining  a  license  therefor,  under  a  penalty  of  ten  dollars  for  each 
offense. 

Sec.  13.  Pate  Of  license.  The  rate  of  license  for  shooting  gal¬ 
leries  and  places  for  target  shooting  shall  be,  for  one  year,  twenty- 
five  dollars;  for  one  month,  ten  dollars;  for  one  week  five  dollars;  for 
one  day,  two  dollars. 

Sec.  14.  Target  shooting  in  uninclosed  place  No  person 


OF  THE  CITY  OP  MT.  PULASKI. 


9 


shall  keep,  maintain  or  use  any  shooting  gallery  or  place  for  target 
practice  in  any  alley,  street,  or  in  any  open  or  uninclosed  place  in 
said  city,  nor  shall  any  person  set  up  any  target  in  any  such  open 
or  uninclosed  place,  or  shoot  at  the  same,  under  a  penalty  of  not  less 
than  ten  dollars  for  each  offense. 

Sec.  15.  Shooting  Of  firearms.  No  license  issued  for  main¬ 
taining  a  shooting  gallery,  shall  be  construed  so  as  to  authorize  or 
permit  the  firing  of  any  gun  or  other  firearm  contrary  to  any  ordi¬ 
nance  of  said  city. 

Passed  the  5th  day  of  April,  I),  1897. 

Approved  the  5th  day  of  April,  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 

H.  B.  Capps,  City  Clerk. 


10 


REVISED  ORDINANCES 


CHAPTER  III. 


Section  1. 


4  4 

2. 

4  % 

3. 

i  4 

4. 

4  4 

5. 

4  4 

6. 

4  4 

7. 

4  4 

8. 

»  4 

9. 

4  4 

10. 

;  4 

11. 

4  4 

12. 

ANIMALS. 

Running  at  large  of  animals  prohibited — Penalty. 
Animals  to  be  impounded. 

Care  of  animals  impounded — Fees. 

City  marshal  to  file  complaint.  , 

Complaint  against  unknown  owner. 

Posting  up  notices. 

Trial. 

Sale  of  of  property. 

Paying  money  to  magistrate — Redemption  to  owner. 
Breaking  open  pound — Resisting  pound  master — Pen¬ 
ally. 

Wilfully  driving,  enticing,  etc. 

Not  to  leave  animal  hitched,  etc. 


Section  1.  Running  at  large  of  animals  prohibited— Pen¬ 
alty.  Be  it  ordained  by  the  city  council  of  the  City  of  Mt.  Pu¬ 
laski:  That  it  shall  be  unlawful  for  any  domestic  animal  of  the 
species  of  horse,  mule,  cattle,  sheep,  swine,  goat  or  goose  to  run  or 
go  at  large,  or  to  be  herded  or  staked  out  in  such  way  as  to  be  able 
to  go,  while  so  staked  out  or  herded,  upon  any  street  or  alley,  at 
any  time,  within  the  corporate  limits  of  the  city  of  Mt.  Pulaski; 
and  any  person,  being  the  owner  or  possessor  or  keeper  of  any  such 
animal  or  animals,  who  shall  knowingly  suffer  or  permit  the  same  to 
run  or  go  at  large,  or  to  be  herded  or  staked  out,  in  said  city  in 
violation  of  this  section,  shall  be  subject  to  a  penalty  of  not  less  than 
three  dollars  nor  more  than  ten  dollars  for  each  offense,  together 
with  the  fees  for  impounding  and  the  expense  of  sustenance  for  such 
animal  or  animals  when  impounded,  as  hereinafter  provided. 

Sec.  2.  Animals  to  be  impounded.  It  is  hereby  made  the 
duty  of  the  city  marshal,  and  such  assistants  as  he  may  appoint,  of 


OF  THE  CITY  OF  MT.  PULASKI. 


11 


said  city,  to  take  up  any  and  every  animal  aforesaid  known  by  him 
or  them  to  be  unlawfully  at  large  contrary  to  the  provisions  of  this 
ordinance,  and  to  confine  the  same  in  the  city  pound  or  such  other 
place  as  may  be  provided  for  that  purpose. 

Sec.  3.  Care  of  animals  impounded— Fees.  Suitable  and 
necessary  food  and  drink  shall  be  provided  for  all  such  animals  as 
may  be  taken  up  and  impounded  by  the  person  impounding  the  same, 
during  the  time  they  may  be  so  impounded;  and  the  cost  of  such  sus¬ 
tenance,  together  with  the  lawful  fees  for  taking  up  and  impounding, 
shall  be  paid  to  such  person  or  officer  before  any  such  animal  shall 
be  released  from  the  pound.  The  city  constable  or  his  assistants 
may  charge  and  receive  for  their  fees  for  taking  up  and  impounding 
any  cattle,  horses,  mules  or  asses,  fifty  cents  per  head;  for  each 
swine,  other  than  sucking  pigs,  goat  or  sheep,  twenty-five  cents; 
and  for  each  sucking  pig  or  goose,  five  cents;  and  for  providing  suit¬ 
able  sustenance  for  cattle,  horses,  mules  or  asses,  not  exceeding 
forty  cents  per  head;  and  for  each  swine,  except  sucking  pigs,  goat 
or  sheep,  not  exceeding  fifteen  cents;  and  for  each  goose  not  exceed¬ 
ing  five  cents  [,  and]  for  each  twenty-four  hours,  or  fractional  part  of 
a  day  exceeding  twelve  hours,  the  same  may  be  kept. 

Sec.  4.  City  marshal  to  file  complaint — Warrant.  When  any 
animal  or  animals  shall  have  been  impounded  as  aforesaid  and  the 
owner  or  person  entitled  to  the  possession  of  the  same,  shall  fail  to 
appear  within  twenty-four  hours  after  the  impounding,  and  pay  the 
fees  and  charges  required  for  their  redemption,  it  shall  be  the  duty 
of  the  city  marshal  or  his  assistant  to  make  complaint  in  writing  be¬ 
fore  the  police  magistate  giving  a  general  description  of  the  animal 
or  animals  impounded,  the  date  of  impounding,  and  the  name  of  the 
owner  thereof  if  known  to  the  complainant  and  thereupon  the  mag¬ 
istrate  or  justice  shall  issue  a  warrant  against  the  owner  or  keeper 
of  said  animal  or  animals  for  permitting  the  same  to  run  at  large  in 
violation  of  the  provisions  of  this  ordinance;  and  upon  the  return  of 
the  warrant  duly  executed,  or  the. defendant  appearing  in  court,  like 
proceedings  shall  be  had  as  in  other  cases  for  the  recovery  of  fines 
and  penalties  under  the  ordinances;  and  if  the  defendant  is  found 
guilty,  judgement  shall  be  rendered  against  him  for  the  penalty,  im¬ 
pounding  fee,  cost  of  sustenance,  and  cost  of  suit,  and  an  order  shall 
be  entered  that  such  animal  or  animals  be  sold  to  satisfy  said  judg¬ 
ment  and  costs,  unless  the  same  shall  be  forthwith  paid. 


12 


REVISED  ORDINANCES 


Sec.  5.  Complaint  against  unknown  owners — Notice.  When 
the  owner  of  animal  or  animals  impounded  is  unknown,  complaint 
shall  be  made  in  like  manner  as  provided  in  the  last  section  hereof, 
against  the  ‘‘unknown  owner”  of  such  animal,  describing  the  same; 
and  thereupon  the  magistrate  before  whom  such  complaint  is  made, 
shall  issue  a  notice  in  substance  as  follows: 

POUND  NOTICE. 

Whereas,  Complaint  has  this  day  been  made  before  me  that  the  unknown  owner  of 

the  following  described  animal  (or  animals)  to-wit:  . impounded  at 

. on  the . day  of . .  has  permitted  the  same  to  run  at 

large  contrary  to  the  provisions  of  a  certain  ordinance  in  relation  to  the  running  at 
large  of  domestic  animals,  of  the  revised  ordinances  of  the  city  of  Mt.  Pulaski. 

Now,  therefore,  notice  is  hereby  given  that  a  trial  will  be  had  upon  the  said  complaint 

at  my  office  in  the  city  of  Mt.  Pulaski,  on  the . day  of . at  the  hour  of 

. when  and  where  said  unknown,  or  other  person  interested  therein,  may 

appear  and  defend,  if  he  shall  see  fit  to  do  so. 

Witness  my  hand  and  seal  this . day  of . A.  D . 

Sec.  6.  Posting  Up  notices.  The  day  named  in  said  notice  for 
trial  shall  not  be  less  than  five  nor  more  than  fifteen  days  from  the 
issue  of  the  same.  It  shall  be  the  duty  of  said  city  marshal  or  his 
assistant  to  post  three  copies  of  said  notice,  to-wit:  One  at  the 
pound  where  such  animal  is  impounded,  the  remaining  two  in  the 
most  public  places  in  said  city,  and  to  make  due  return  thereof, 
showing  the  time  and  manner  of  said  posting. 

Sec.  7.  Trial.  Said  cases  shall  be  tried  in  the  same  manner  as 
other  cases  for  the  violation  of  ordinances  of  said  city  are  tried,  and 
if,  upon  the  trial,  it  is  found  that  the  penalty  prescribed  in  section 
one  has  been  incurred  said  police  magistrate  or  justice  shall  give 
judgment  against  the  owner  or  owners  of  said  property,  or  against 
the  unknown  owner  or  owners  who  shall  have  been  notified  by  post¬ 
ing,  for  said  penalty  and  costs  of  such  proceeding  and  trial  and  the 
costs  of  impounding  and  caring  for  said  property,  and  enter  an  or¬ 
der  on  his  docket  directing  the  officer  having  charge  of  said  proper¬ 
ty  to  sell  the  same  for  said  penalty  and  costs. 

Sec.  8.  Sale  of  property.  The  officer  so  authorized  shall  there¬ 
upon  proceed  to  sell  said  property,  conducting  said  sale  as  near  as 
may  be  in  the  manner  provided  by  the  statutes  of  the  State  of  Illi¬ 
nois  for  the  sale  of  property  by  constables,  under  execution.  Pro¬ 
vided,  however  that  the  owner  or  owners  thereof  may  at  any  time 
before  said  sale,  release  said  property  from  custody  by  the  payment 
of  said  penalty  and  all  costs  accrued. 

Sec.  9.  Paying  money  to  magistrate— Redemption  by  own- 


OF  THE  CITY  OF  MT.  PULASKI. 


13 


cr.  The  said  city  marshal  or  his  assistant,  immediately  after  he 
shall  receive  any  money  from  the  owner  of  any  animal  so  impounded 
by  him,  or  from  the  sale  thereof,  shall  pay  the  same  over  to  the 
magistrate  before  whom  such  case  is  pending,  less  the  amount  of 
of  his  fees  and  expenses,  and  such  magistrate  shall  pay  the  fine  and 
all  the  surplus  of  any  such  sale,  after  deducting  all  the  court  costs 
and  expenses,  into  the  city  treasury  in  the  same  manner  and  at  the 
same  time  as  is  required  of  him  to  pay  money  arising  from  other 
fines.  Provided,  that  if  any  owner  of  any  such  animal  sold  as 
aforesaid  shall  apply  and  prove  the  ownership  thereof  to  the  satis¬ 
faction  of  such  magistrate,  before  he  pays  said  money  over  to  the 
city  treasurer,  such  surplus  shall  be  paid  to  such  applicant  and  a 
receipt  taken  therefor. 

And  when  any  such  surplus  proceeds  have  been  paid  into  the  city 
treasurjq  the  owner  of  any  such  animal  shall  be  entitled  to  receive 
the  same  upon  presentation  to  the  city  council  of  satisfactory  proof 
of  his  ownership  of  such  animal  and  a  certificate  of  the  magistrate 
of  the  amount  of  the  same. 

Sec.  10.  Breaking  open  pound— Resisting  officer— penalty. 

Whoever  shall  break  open  any  city  pound,  or  shall  take  or  attempt 
to  take  therefrom  any  impounded  animal  without  consent  of  the  offi¬ 
cer  impounding  the  same,  or  whoever  shall  resist,  obstruct,  hinder 
or  delay  the  city  marshal  or  any  of  his  assistants,  while  taking  or 
driving  to  the  city  pound  or  other  place  provided  for  the  detention 
of  animals  found  running  at  large,  any  animal  found  unlawfully  at 
large  within  said  city,  or  who  shall  in  any  manner  attempt  to  pre¬ 
vent  the  impounding  of  such  animal,  shall  upon  conviction  be  fined 
not  less  than  five  dollars  nor  more  than  one  hundred  dollars  for  each 
offense. 

Sec.  11.  Wilfully  driving,  enticing,  etc.  Whoever  shall  wil¬ 
fully  drive  or  entice  any  animal  from  without  the  corporate  limits 
of  the  city  into  the  same,  or  let  any  animal  out  of  any  enclosure  in 
which  it  may  be  confined,  or  aid  or  abet  the  letting  out  thereof,  in 
order  to  take  or  impound  the  same,  shall  be  subject  to  a  penalty  of 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars  in  each 
case. 

Sec.  12.  Not  to  leave  animal  hitched,  etc.  No  person  shall 
hitch  any  horse,  mule  or  other  animal  at  any  rack  or  public  place 
within  the  corporate  limits  of  said  city,  and  permit  the  same  to  re- 


14 


REVISED  ORDINANCES 


main  without  food  or  drink  fbr  a  longer  time  than  ten  hours  at 
one  time,  or  later  than  the  hour  of  eleven  o’clock  at  night.  The 
city  marshal  or  any  police  officer  of  said  city,  shall  take  charge  of 
any  such  animal  found  hitched  at  the  public  square  or  other  public 
place  when  the  same  shall  have  been  left  so  hitched  for  a  longer 
time  than  ten  hours  without  food  or  drink,  or  later  than  11  o’clock 
at  night,  and  shall  take  the  same  to  some  livery  stable  or  other 
proper  place,  and  shall  see  that  such  animal  is  properly  cared  for, 
and  the  owner  of  such  animal  shall  be  required  to  pay  all  such 
charges  as  may  be  so  made,  together  with  a  fee  of  25c.  to  such  officer 
so  taking  charge  of  the  same.  Any  person  guilty  of  a  violation  of 
this  ordinance  shall  be  liable  to  a  fine  of  not  less  than  three  dollars 
nor  more  than  ten  dollars  for  every  such  violation,  except  the  same 
may  be  caused  by  accident  or  necessity. 

Passed  the  5th  day  of  April,  A.  D.  1897. 

Approved  the  5th  day  of  April,  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 

H.  B.  Capps,  City  Clerk. 


OF  THE  CITY  OF  MT.  PULASKI. 


15 


CHAPTER  IV. 


AUCTIONS  AND  AUCTIONEERS. 


Section  1. 
“  2. 
“  3. 

“  4. 

“  5. 

“  6. 
“  7. 

“  8. 


Sale  of  goods  at  auction  to  be  by  auctioneers. 
License  fee. 

License — How  obtained — Not  transferable. 
Clerks. 

Revocation  of  license. 

Selling  on  streets. 

Substitution  of  articles — Penalty. 

Penalties  for  violation  of  chapter. 


Section  1.  Sale  of  goods  at  auction  to  be  by  auctioneers. 
Be  it  ordained  by  the  city  council  of  the  City  ofMt.  Pulaski: 
That  all  sales  of  goods,  wares  and  merchandise,  or  other  personal 
property,  at  public  auction,  within  the  city,  except  such  as  are 
made  under  and  by  virtue  of  legal  process,  judicial  orders  or  sales 
under  chattel  mortgages,  shall  only  be  made  by  a  person,  or  his 
authorized  clerk,  who  shall  have  first  obtained  a  license  for  such 
purpose,  and  executed  a  bond  to  said  city,  as  herein  provided. 

Sec.  2.  License  fee.  A  person  may  become  an  auctioneer  and 
be  licensed  to  sell  personal  property  at  public  auction  at  a  place  to 
be  named  in  the  license,  upon  paying  to  the  city  clerk,  fifty  dollars 
for  one  month,  twenty  dollars  for  one  week  and  four  dollars  for  one 
day. 

Sec.  3.  License— How  obtained— Not  transferable.  Any 
person  who  may  wish  to  obtain  a  license  under  this  chapter,  shall 
apply  in  writing  for  the  same  to  the  mayor,  setting  forth  in  such 
application  his  proposed  place  of  business,  the  names  of  any  partner 
or  clerk,  who  will  be  engaged  in  such  business,  the  length  of  time 
for  which  such  license  is  desired.  If  the  mayor  grants  such  license, 
he  shall  make  an  indorsement  to  that  effect  upon  such  application, 


16 


REVISED  ORDINANCES 


and  the  same  shall  thereupon  be  presented  to  the  city  clerk.  In  no 
case  shall  such  license  be  transferable,  nor  shall  any  other  person, 
partner  or  firm  do  business  under  the  same,  other  than  the  person 
therein  named,  nor  shall  the  place  of  business  therein  named  be 
changed,  without  the  consent  of  the  mayor  indorsed  thereon. 

Sec.  4.  Clerks.  The  said  license  shall  designate  who  are  per¬ 
mitted  to  do  business  under  and  by  virtue  of  the  same,  either  as 
principal,  agent  or  clerk,  and  if  any  other  person  is  employed  as 
agent  or  clerk,  to  do  business  under  such  license,  the  consent  of 
the  mayor  shall  be  first  had  and  obtained,  and  indorsed  on  said 
license. 

Sec.  5.  Revocation  Of  license.  All  license  shall  be  subject  to 
revocation  by  the  mayor,  or  the  city  council,  whenever  it  shall  ap¬ 
pear  to  his  or  their  satisfaction  that  the  party  so  licensed,  his 
agent  or  clerk,  has  violated  any  of  the  provisions  of  this  ordinance 
relating  to  auctions  or  auctioneers. 

Sec.  6.  Selling  on  streets.  Any  auctioneer  having  a  license, 
as  aforesaid,  or  his  clerk  may  sell  at  public  auction  within  any  of 
the  streets  or  alleys,  squares  or  commons  of  the  city,  any  horses, 
mules,  cattle,  or  any  wagon,  carriage  or  other  vehicle,  or  any 
article  too  cumbrous  to  be  removed  to  his  place  of  business,  by 
obtaining  written  permission  from  the  mayor;  but,  except  as  herein 
provided,  no  articles  shall  be  sold  at  public  vendue  by  such  persons, 
on  the  streets,  alleys,  public  squares  or  commons  as  aforesaid. 
Provided,  nothing  herein  shall  authorize  the  holding  of  any 
auction  in  a  manner  to  prevent  travel  upon  any  of  the  public  streets 
of  the  city. 

Sec.  7.  Substitution  of  articles— Penalty.  Whoever  shall 
exhibit  and  offer  for  sale  at  auction  any  article,  and  induce  its 
purchase  by  any  bidder,  and  shall  afterwards  substitute  any  other 
article  in  lieu  to  that  offered  to,  and  purchased  by  the  bidder,  or 
whoever  shall,  while  engaged  in,  or  about  making  any  auction  sale, 
be  guilty  of  any  device,  trick  or  fraudulent  practice  with  intent 
thereby  to  deceive  or  defraud  any  bidder,  shall  be  fined  not  less 
than  ten  dollars  nor  more  than  fifty  dollars,  and  the  license  of  such 
person  shall  be  forfeited. 

Sec.  8.  Penalties  for  violation  of  chapter.  Any  person  who 
shall  sell  or  attempt  to  sell  at  public  auction  any  personal  property 


OF  THE  CITY  OF  MT.  PULASKI. 


17 


whatever,  except  under  legal  process,  judicial  orders  or  under  chat¬ 
tel  mortgage,  without  first  having  obtained  a  license  therefor,  as 
above  required,  shall,  on  conviction  thereof,  be  fined  not  less  than 
ten  dollars,  nor  more  than  one  hundred  dollars  for  each  offense. 

Any  licensed  auctioneer  who  shall  permit  any  other  person  than 
such  partner,  agent  or  clerk,  whose  names  are  designated  in  his 
license,  to  sell  any  article  at  auction  at  the  place  designated  in  such 
license,  without  having  permission  from  the  mayor  for  such  person 
to  sell,  indorsed  on  his  license,  shall  be  fined  not  less  than  five 
dollars,  nor  more  than  one  hundred  dollars;  and  such  person  so 
selling  as  partner,  agent,  clerk  or  otherwise,  without  such  permis¬ 
sion  from  the  mayor,  shall  also  be  fined  not  less  than  five  dollars, 
nor  more  than  twenty  five  dollars  for  each  offense.  Any  person 
violating  any  provision  of  this  chapter,  where  no  other  penalty  is 
imposed,  shall  be  fined  not  less  than  five  dollars,  nor  more  than  one 
hundred  dollars  for  each  offense. 

Passed  the  5th  day  of  April  A.  D.  1897 

Approved  the  5th  day  of  April  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 

H.  B.  Capps,  City  Clerk. 


18 


REVISED  ORDINANCES 


CHAPTER  V. 

BILLIARDS,  TEN-PINS,  ETC. 


Section  1. 

“  2. 

“  3. 

“  4. 


Penalty  for  billiard  tables,  ten-pin  alleys,  etc.,  with¬ 
out  license. 

License  fee. 

Billiard  rooms,  etc. — when  closed. 

Keeper  not  to  allow  minor  to  play  without  consent, 
nor  to  allow  disorderly  conduct,  etc. — Penalty. 


Section  1.  Penalty  for  billiard  table,  ten-pins,  etc.,  with¬ 
out  license.  Be  it  ordained  by  the  city  council  of  the  city  of 
Alt.  Pulaski:  That  whoever  shall  keep  within  the  city  of  Mt.  Pu¬ 
laski  any  billiard,  pool,  bagatelle  or  pigeon-hole  table,  or  any  ball 
or  ten-pin  alley,  to  be  used  or  played  upon  by  others,  without  a  li¬ 
cense  therefor,  shall  be  fined  not  less  than  five  dollars  nor  more  than 
one  hundred  dollars  for  each  lime  any  person  may  be  permitted  to 
play  thereon  or  therewith:  Provided,  That  this  article  shall  not 
apply  to  any  such  article  above  named  kept  in  private  bouses  for 
private  use  or  in  club  rooms  for  the  use  of  the  club  members. 


Sec.  2.  License  fee.  There  shall  be  taxed  and  collected  for  a 
license  to  keep  a  billiard  or  pool  table  for  one  year,  twenty  dollars 
for  each  table.  There  shall  be  taxed  and  collected  for  a  license  to 
keep  a  ten-pin  alley  or  ball  alley  for  one  year,  twenty  dollars  for 
each  alley.  There  shall  be  taxed  and  collected  for  a  license  to  keep 
a  bagatelle  table  or  a  pigeon-hole  table,  twenty  dollars  each. 

Sec.  3.  Billiard  rooms,  etc. — When  closed— Penalty.  All 
billiard  rooms  and  ten-pin  or  ball  alleys  shall  be  closed  on  Sunday, 
and  on  week  days  they  shall  be  closed  by  eleven  o’clock  in  the  even¬ 
ing  of  each  day,  and  be  kept  closed  until  five  o’clock  in  the  morning 
of  the  next  day  following.  Any  person  violating  this  section  shall, 


OF  THE  CITY  OF  MT.  PULASKI. 


19 


for  each  offense,  be  fined  not  less  than  ten  dollars,  nor  more  than 
fifty  dollars. 

Sec.  4.  Keeper  not  to  allow  minor  to  play  without  consent , 
nor  to  allow  disorderly  conduct— Penalty.  No  keeper  of  any 
billiard,  bagatelle,  pigeon-hole  or  pool  table,  or  any  table  kept  and 
used  for  similar  purposes,  or  ball  or  pin  alley  or  shooting  gallery  of 
any  sort  or  kind,  shall  suffer  or  permit  any  minor  to  frequent  or 
loiter  in  or  about  the  building  or  place  so  occupied  by  him,  or  to  roll 
or  play  upon  his  table  or  alley,  or  to  shoot  in  such  gallery,  without 
the  consent  of  the  parent  or  guardian  of  such  minor;  nor  shall  he 
suffer  or  permit  any  boisterous  noise  or  disorderly  conduct,  or  allow 
any  person  or  persons  to  use  profane,  obscene  or  indecent  language 
in  the  building  or  place  so  occupied  by  him,  under  a  penalty  of  not 
less  than  five  dollars  nor  more  than  ten  dollars  for  each  offense. 

Passed  the  5th  day  of  April,  A.  D.  1897. 

Approved  the  5th  day  of  April  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 


H.  B.  Capps,  City  Clerk. 


20 


REVISED  ORDINANCES 


CHAPTER  VI. 

BILL  POSTER. 

Section  1.  Bill  poster  required  to  take  out  license. 

“  2.  Bill  board  when  a  nuisance. 

u  3.  License  fee. 

Section  1.  Billposter  required  to  take  out  license.  Beit 
ordained  by  the  city  council  of  the  city  of  Alt.  Pulaski:  That 

no  person  shall  for  gain,  wages  or  renumeration  within  the  corpor¬ 
ate  limits  of  the  city  of  Mt.  Pulaski  put  up,  paste,  stick  or  other¬ 
wise  place  any  hand  bill,  poster,  placard  or  any  printed,  pictured  or 
written  matter  or  thing  whatever  upon  any  house,  wall,  building, 
fence,  railing,  sidewalk  or  other  property  public  or  private  or  dis¬ 
tribute  the  same  upon  the  streets,  alleys  or  public  grounds  of  said 
city  without  a  license  therefor  to  be  known  as  “a  bill  poster  license” 
being  first  taken  out  by  the  person  so  doing.  Provided,  nothing 
herein  shall  authorize  any  such  licensed  person  putting  up  any  such 
hand  bill,  poster,  placard,  planted,  pictured  or  written  matter  or 
thing  upon  ary  such  public  or  private  property  without  the  per¬ 
mission  of  the  owner  or  person  in  charge  thereof.  Provided,  fur¬ 
ther,  nothing  herein  shall  be  construed  to  deny  to  the  owner  or 
lessee  of  any  private  property  the  right  to  place  such  signs  and 
advertisements  thereon,  as  are  now  by  ordinance  permitted  to  be 
put  up  and  erected,  nor  to  prevent  any  person  advertising  his  own 
business  in  a  legitimate  manner. 

Any  person  found  guilty  of  violation  of  any  of  the  provisions  of 
this  section  shall  be  fined  not  less  than  five  dollars,  nor  more  than 
twenty  dollars. 

Sec.  2.  Bill  board  when  a  nuisance.  Whoever  shall  erect, 
keep  or  maintain  any  bill-board  or  board  for  advertising  upon  any 


OF  THE  CITY  OF  MT.  PULASKI. 


21 


public  ground  or  place,  or  upon  any  private  premises,  adjacent 
sidewalk,  street  or  foot  way,  the  same  being  so  erected  as  to  occa¬ 
sion  danger  or  inconvenience  to  the  public,  shall  be  deemed  guilty 
of  erecting  a  nuisance  and  will  be  fined  not  less  than  five  dollars, 
nor  more  than  twenty  dollars. 

Sec.  3.  License  Tee.  Any  person  desiring  to  take  out  a  bill¬ 
poster  license  shall  make  application  therefor  to  the  city  clerk  and 
upon  payment  of  the  sum  of  eight  dollars  to  the  treasurer  of  'the 
city,  and  the  clerk’s  fees  for  issuing  the  same,  shall  be  given  a 
license  as  bill-poster  as  contemplated  by  this  ordinance,  to  be  good 
for  the  period  of  one  year  from  the  date  thereof. 

Passed  the  5th  day  of  April,  A.  D.  1897. 

Approved  the  5th  day  of  April,  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 


H.  B.  Capps,  City  Clerk. 


22 


REVISED  ORDINANCES 


CHAPTER  VII. 

BOUNDARY. 

Whereas:  By  virtue  of  an  order  made  in  the  county  court,  in 
the  March  term  of  said  court  in  the  year  1876,  an  election  was  held 
by  the  citizens  of  a  territory  now  included  within  the  bounds  here¬ 
inafter  set  out. 

And  Wheras:  At  the  said  election  aforesaid,  held  on  the  3d  day 
of  April,  A.  D.  1876,  it  was  decided  to  organize  the  said  territory 
into  an  incorporated  town  to  be  known  as  the  Village  of  Mt.  Pu¬ 
laski. 

And  Whereas:  The  citizens  of  said  territory,  in  (the)  conformity 
with  other  directions  of  said  court  aforesaid,  given  on  the  4th  day 
of  April,  A.  D.  1876,  did  organize  said  territory  into  said  village  by 
electing  trustees  for  the  same  on  the  26th  day  of  April,  A.  D.  1876, 
as  by  said  order  of  the  court  they  were  directed  and  as  was  requir¬ 
ed  of  them  by  the  laws  of  the  State  of  Illinois,  all  of  which  is  shown 
by  the  records  of  said  court. 

And  Whereas,  on  the  27th  day  of  September,  1892,  J.  M.  Whit¬ 
ney  and  others  presented  their  petition  to  the  president  and  board 
of  trustees  of  said  village,  praying  the  question  of  the  adoption  of 
city  organization  for  said  village  be  submitted  to  a  vote  of  the 
electors  of  said  village. 

And  Whereas,  an  ordinance  was  passed  by  the  president  and 
board  of  trustees  on  the  22d  day  of  November,  1892,  submitting  the 
question  of  the  adoption  of  city  organization  for  said  village  to  the 
electors  of  said  village,  and  ordering  an  election  for  such  purpose  to 
be  held  on  the  3d  day  of  January,  1893,  and  appointing  judges  and 
clerks  for  such  election. 

And  Whereas,  at  an  election  held  January  3d,  1893,  pursuant  to 


OF  THE  CITY  OF  MT.  PULASKI. 


23 


a  legal  petition  and  sufficient  notice  given  by  the  proper  officers, 
the  electors  of  the  village  of  Mt.  Pulaski  did  decide  by  a  majority 
of  the  votes  cast  at  such  election  to  organize  as  a  city  under  the 
general  law  provided  by  the  statutes  of  the  State  of  Illinois. 

All  of  which  is  shown  by  the  records  of  said  village. 

Therefore  be  it  ordained  by  the  City  Council  of  the  City  of 
Mt.  Pulaski.'  That  section  one  of  this  chapter  set  out  and  show(n) 
the  bounds  of  the  city  of  Mt.  Pulaski. 

Section  1.  Boundaries  Of  the  city.  Beginning  at  the  north¬ 
east  corner  of  section  fourteen,  town  eighteen  north,  range  two 
west  of  the  3d,  p.  m. :  thence  west  in  a  straight  line  one  mile  to  the 
northwest  corner  of  said  section;  thence  south  in  a  straight  line  one 
mile  and  eighty  rods,  to  the  southwest  corner  of  the  northwest 
quarter  of  the  northwest  quarter  of  section  twenty-three,  town 
eighteen  north,  range  two  west;  thence  east  in  a  straight  line  one 
mile  to  the  southeast  corner  of  the  northeast  quarter  of  the  north¬ 
east  quarter  of  section  twenty-three,  town  eighteen  north,  range 
two  west;  thence  north  in  a  straight  line  one  mile  and  eighty  rods 
to  the  point  of  starting. 

Passed  this  5th  day  of  April  A.  D.  1897. 

Approved  this  5th  day  of  April  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 

H.  B.  Capps,  City  Clerk. 


24 


REVISED  ORDINANCES 


CHAPTER  VIII. 

CEMETERIES. 


Section  1. 
“  2. 

“  3. 

“  4. 

“  5. 

“  6. 

“  7. 

“  8. 


Plat  adopted. 

Appointment  and  duty  of  sexton. 
Sale  of  lots,  etc. 

Price  of  lots. 

Burial  permits  required. 
Compensation  of  sexton — penalty. 
Not  to  trespass  upon  lots. 

Bond  of  sexton. 


Section  l.  piat  adopted.  Be  it  ordained  by  the  city  council 
Of  the  city  Of  Mt.  Pulaski:  That  the  plat  of  Mt.  Pulaski  ceme¬ 
tery,  as  originally  laid  out  and  surveyed  for  and  in  behalf  of  the 
town  of  Mt.  Pulaski,  together  with  the  addition  thereto  heretofore 
made,  is  hereby  adopted  as  the  plat  of  the  Mt.  Pulaski  cemetery. 

Sec.  2.  A ppointment  and  duty  Of  sexton.  The  mayor  with  the 
advice  and  consent  of  the  city  council  shall  annually  appoint  a  sex¬ 
ton  whose  duty  it  shall  be  to  take  charge  of  said  cemetery,  to  keep 
the  streets  and  alleys  thereof  clean  and  in  good  order,  and  to  take 
care  of  the  property  belonging  thereto.  Said  sexton  shall  also  when 
required,  dig  graves  and  assist  in  the  burial  of  bodies  therein.  It 
shall  be  the  further  duty  of  said  sexton  to  enforce  all  ordinances 
relating  to  misdemeanors  in  said  cemetery. 

Sec.  3.  Sale  Of  lots,  etc.  The  city  clerk  shall  have  the  custody 
of  the  plat  of  said  cemetery,  and  shall,  upon  the  sale  of  any  lot  or 
lots,  distinctly  mark  upon  the  plat,  on  the  lot  or  lots  so  sold,  the 
name  of  the  party  to  whom  sold.  He  shall  also  keep  a  record  in  a 
book  to  be  furnished  for  that  purpose  of  ail  such  sales.  The  book 
shall  contain  a  description  of  all  the  lots  in  said  cemetery  as  the 
same  now  are  or  may  hereafter  be  platted.  And  upon  the  sale  of 


OF  THE  CITY  OF  MT.  PULASKI. 


25 


any  such  lots,  the  city  clerk  shall  place  opposite  the  number  of  the 
lot  so  sold,  in  appropriate  columns,  the  name  of  the  purchaser,  the 
date  of  the  sale  and  the  price  paid  by  such  purchaser. 

Sec.  4.  Price  Of  lots.  The  city  clerk  shall  charge  for  said  lots 
the  following  prices,  to-wit:  In  block  one  to  the  resident  citizens 
of  said  city,  $5.00,  to  other  persons,  $10.00;  in  block  two  and  three 
to  resident  citizens  $10.00,  to  other  persons  $15.00,  in  block  four  to 
resident  citizens,  $5.00,  to  other  persons  $10.00;  in  block  six  to 
resident  citizens  $15.00,  to  other  persons  $25.00. 

In  the  first  addition  to  Mt.  Pulaski  cemetery  the  lots  shall  be 
sold  for  the  following  named  amounts,  to-wit:  In  section  one,  lots 
numbered  1  to  40  both  inclusive  $10.00  to  resident  citizens,  toother 
persons  $15.00;  for  all  other  lots  in  section  one,  $25.00  to  resident 
citizens,  to  all  other  persons  $30.00. 

In  section  two  lots  numbered  1  to  40  both  inclusive  $25.00  to 
resident  citizens  and  to  all  other  persons  $30.00;  for  other  lots  in 
section  two  and  all  lots  in  section  3  of  said  addition  $15.00  to 
resident  citizens  and  to  other  persons  $20.00;  which  said  amounts 
shall  be  paid  before  the  transfer,  to  such  purchasers,  of  the  deeds 
conveying  to  them  the  lots  so  purchased.  All  such  deeds  shall  be 
executed  by  the  mayor  and  attested  by  the  city  clerk  and  acknowl¬ 
edged  as  required  by  law.  The  amounts  received  from  the  sale  of 
cemetery  lots  shall  be  paid  by  the  city  clerk  to  the  city  treasurer 
and  his  receipt  taken  therefor;  and  all  such  sums  so  received  by  said 
treasurer  shall  be  kept  and  held  as  a  special  fund  for  the  purpose  of 
defraying  the  expenses  incurred  in  keeping  said  cemetery  in  good 
repair  and  order 

Sec.  5.  Burial  permits  required.  No  dead  body  of  any  person 
shall  be  interred  in  said  cemetery  until  a  permit  therefor  from  the- 
city  clerk  shall  have  been  granted;  which  said  permit  shall  show  the 
date  thereof,  to  whom  issued,  for  whom  it  is  given,  the  date  of 
death  and  age  of  person,  the  place  and  cause  of  death,  the  medical 
attendant,  in  what  lot  and  block  said  burial  is  to  be  made.  For 
which  permit  the  city  clerk  shall  receive  a  fee  of  25c.  The  said  city 
clerk  shall  keep  a  record  of  all  such  permits  issued,  giving  in  said  rec¬ 
ord  a  statement  of  the  facts  set  out  in  all  such  permits,  and  when, 
required  furnish  a  monthly  report  to  city  board  of  health. 

Sec.  6.  Compensation  of  sexton — Penalty.  Said  sexton 


REVISED  ORDINANCES 


26 

shall  charge  and  receive  for  his  service  in  digging  each  grave  and 
assisting  in  the  burial  of  the  body  therein,  when  requested,  the  sum 
of  three  dollars;  and  any  other  person  or  persons  than  the 
sexton  so  chosen  by  the  board  who  shall  dig  any  grave  or  graves, 
or  shall  in  any  other  way  assume  to  perform  the  duties  of  said  sex¬ 
ton,  other  than  those  at  the  request  of  said  sexton,  or  upon  his  in¬ 
ability  or  refusal  to  perform  such  duties  after  his  fees  for  such  per¬ 
formance  have  been  legally  tendered  to  him,  shall  be  subject  to  a 
penalty  of  not  less  than  ten  dollars  in  each  case. 

Sec.  7.  Not  to  trespass  Upon  lots.  It  shall  be  unlawful  for 
any  person  or  persons  to  walk  or  drive  within  said  cemetery,  other 
than  upon  the  streets  or  alleys  thereof,  and  any  person  violating 
the  provisions  of  this  section  shall  be  subject  to  a  penalty  of  not 
less  than  five  dollars. 

Sec.  8.  Bond  Of  sextoil.  Said  sexton  shall,  before  entering 
upon  the  duties  of  his  office,  give  a  good  and  sufficient  bond  of  one 
hundred  dollars,  to  be  approved  by  the  city  council. 

Passed  the  5th  day  of  April,  A.  D.  1897. 

Approved  the  5th  day  of  April,  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 

H.  B.  Capps,  City  Clerk.. 


OF  THE  CITY  OF  MT.  PULASKI. 


27 


CHAPTER  IX. 


CITY  COLLECTOR. 


SECtlON  1. 
“  2. 

“  3. 

“  4. 

“  5. 

“  6. 

“  7. 

“  8. 


Appointment  of  city  collector. 

City  collector  to  give  bond. 

What  moneys  to  be  collected  by  city  collector. 

To  preserve  papers  and  keep  accounts. 

Accounts  subject  to  examination — Money  to  be  paid  to 
treasurer. 

Monthly  reports  and  annual  statement  to  be  made  to 
city  clerk. 

Report  of  delinquent  list  to  be  made  to  county 
treasurer. 

Compensation  of  city  collector. 


Section  l.  Appointment  of  city  collector.  Be  it  ordained 
by  the  city  council  of  the  city  of  Aft.  Pulaski:  That  the  mayor 
of  the  city  may  with  the  approval  of  the  city  council,  appoint  a  city 
collector  who  shall  hold  office  until  the  first  day  of  May  following 
his  appointment  and  until  his  successor  is  appointed  and  qualified. 


Sec.  2.  City  collector  to  give  bond.  The  city  collector  shall 
before  entering  upon  the  duties  of  his  office,  take  the  oath  pre¬ 
scribed  and  furnish  a  bond  payable  to  the  city  of  Mt.  Pulaski,  in 
such  sum  as  the  city  council  may  fix  by  resolution  or  ordinance; 
which  bond  shall  be  approved  by  the  city  council. 


Sec.  3.  What  moneys  to  be  collected  by  city  collector.  The 
city  collector  shall  have  the  collection  of  all  special  assessments 
levied  by  the  city  upon  the  property  within  said  city,  for  the  payment 
of  improvements  constructed  by  special  assessments  [;warrants] 
drawn  for  the  collection  of  any  special  assessment,  or  special  tax, 
shall  be  directed  to  the  said  city  collector. 


28 


REVISED  ORDINANCES 


Sec.  4.  To  preserve  papers  and  keep  accounts.  All  the  city 
collector’s  papers,  books,  warrants  and  vouchers  may  be  examined 
at  any  time  by  the  mayor  or  clerk  or  any  member  of  the  city  coun¬ 
cil;  and  the  collector  shall  every  two  weeks  pay  over  all  money  col¬ 
lected  by  him  from  any  person  or  persons  or  associations,  to  the 
treasurer,  taking  his  receipt  therefor  in  duplicate,  one  of  which  re¬ 
ceipts  he  shall  at  once  file  in  the  office  of  the  city  clerk. 

•  Sec.  5.  Accounts  subject  to  examination ,  money  to  be  paid 
to  treasurer.  It  shall  be  the  duty  of  the  collector  to  preserve  all 
warrants  returned  into  his  hands  and  he  shall  keep  such  books  and 
his  accounts  in  such  manner  as  the  city  council  may  prescribe. 

Sec.  6.  Monthly  reports  and  annual  statements  to  be  made 
to  the  City  clerk.  He  shall  make  a  report  in  writing  to  the  city 
clerk  of  all  moneys  collected  by  him,  the  account  whereon  collected, 
or  any  other  matter  in  connection  with  his  office,  on  the  Monday  of 
each  month  before  the  regular  meeting  of  the  city  council.  Pie 
shall  also  annually  between  the  first  and  tenth  of  April  file  with  the 
city  clerk  a  statement  of  all  the  moneys  collected  by  him  during  the 
year,  the  particular  warrant,  special  assessment  or  account  on 
which  collected,  the  balance  of  moneys  uncollected  on  all  warrants 
in  his  hands,  and  the  balance  remaining  uncollected  at  the  time  of 
the  return  on  all  warrants  which  he  shall  have  returned  during  the 
preceding  fiscal  year,  to  the  city  clerk.  The  city  clerk  shall  pub¬ 
lish  or  post  the  same  as  is  required  to  be  done,  with  the  annual 
report  of  the  city  treasurer. 

Sec.  7.  Report  of  delinquent  list  to  be  made  to  county 
treasurer.  The  city  collector  shall  annually  on  or  before  the  tenth 
day  of  March  make  a  report  in  writing  to  the  county  treasurer  of 
Logan  county,  Illinois,  of  all  the  lands,  lots,  piece  or  parcels  of  land 
in  said  city,  on  which  he  shall  have  been  unable  to  collect  any 
special  assessment  or  special  tax  due  and  unpaid  thereon,  together 
with  his  warrant  or  with  a  copy  of  his  warrant  or  warrants  received 
by  him  authorizing  the  collection  thereof.  Said  report  shall  be  ac¬ 
companied  by '  the  oath  of  the  collector  that  the  list  is  a  correct 
return  of  the  lands,  lots,  pieces  or  parcels  of  lands  on  which  the 
special  assessments  or  special  taxes  levied  by  authority  of  the  city 
of  Mt.  Pulaski,  remain  due  and  unpaid ;  that  he  is  unable  to  collect  the 
same  or  any  part  thereof,  and  that  he  has  given  the  notice  required 
by  law  that  said  warrants  had  been  received  by  him  for  collection. 


OF  TH£  piTV  OF  MT.  PULASKI. 


29 


Sec.  8.  Compensation  of  city  collector.  The  city  collector 
shall  receive  as  compensation  a  sum  equal  to  two  per  cent  of  the 
moneys  paid  to  him  as  such  city  collector. 

Passed  the  5th  day  of  April,  A.  D.  1897. 

Approved  the  5th  day  of  April  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 


H.  B.  Capps,  City  Clerk. 


30 


REVISED  ORDINANCES 


i 


CHAPTER  X. 


DOGS. 


Section  1. 
“  2. 

“  3. 

“  4. 

u  5. 

“  6. 

“  7. 

“  8. 

“  9. 


Causing  or  encouraging  to  fight,  etc. — Penalty. 
License  fee  imposed — Register  kept. 

Metal  badges  provided. 

Badges  to  be  put  on  dogs. 

Dogs  without  badges  to  be  killed. 

Owner  of  unlicensed  dog  to  be  fined. 

Fierce,  dangerous  or  mischievous  dogs  not  to  run  at 
large — Penalty. 

Bitch  at  large  during  heat  may  be  killed,  duty  of 
city  marshal— Penalty. 

Danger  from  hydrophobia,  notice— Penalty — Ex¬ 
ception. 


Section  l.  Causing  or  encouraging  to  fight ,  etc. — Penalty. 
Be  it  ordained  by  the  city  council  of  the  city  of  Mt.  Pulaski: 

That  when  any  person  or  persons  shall  be  present  at  any  dog  fight 
within  the  corporate  limits  of  the  city,  when  the  animals  meet  acci¬ 
dentally  or  otherwise  and  shall  by  any  gesture  or  word  of 
encouragement  urge  the  dogs  to  fight,  or  if  any  person  or  persons 
shall  purposely  or  by  agreement  set  any  dogs  to  fighting  within  the 
corporate  limits  of  said  city,  they  shall  be  deemed  guilty  of  a  mis¬ 
demeanor  and  shall  be  subject  to  a  penalty  of  not  less  than  three  (3) 
nor  more  than  fifty  (50)  dollars  for  every  such  offense;  and  it  is 
hereby  made  the  duty  of  the  city  marshal  to  suppress  all  such  dog 
fights  and  arrest  and  prosecute  all  persons  engaged  in  urging  or 
encouraging  said  fighting  within  the  meaning  of  this  section. 

Sec.  2.  License  fee  imposed— Register  kept.  Every  owner, 
possessor  or  person  who  harbors  or  keeps  any  dog  within  the  limits 
of  the  city,  shall  annually  in  the  month  of  August,  pay  to  the  city 
clerk  the  sum  of  one  dollar  for  every  male  dog,  and  the  sum  of  two 


OF  THE  CITY  OF  MT.  PULASKI. 


31 


dollars  for  every  female  dog,  and  cause  such  dog  to  be  registered  in 
the  office  of  the  city  clerk,  in  a  book  to  be  kept  for  the  purpose,  and 
also  obtain  from  such  clerk  the  metal  badge  hereinafter  required  to 
be  furnished. 

Sec.  3.  Metal  badges  provided.  The  city  shall  provide  each 
and  every  year,  such  number  of  metal  badges  as  may  be  necessary, 
of  such  size  and  shape  as  he  shall  deem  expedient,  having  stamped 
thereon  the  letters  CiT.  P.  ”  and  the  numbers  indicating  the  year  for 
which  the  tax  is  paid. 

And  it  shall  be  the  duty  of  the  clerk  to  deliver  one  of  such  metal 
badges  to  the  person  so  paying  a  tax  upon  any  such  dog  at  the  time 
of  such  payment. 

Sec.  4.  Badges  to  be  put  on  dogs.  Every  dog  so  licensed 
shall  have  a  collar  around  his  neck  with  the  metal  badge  aforesaid, 
securely  fastened  thereto,  and  every  dog  found  in  the  city  without 
such  badge  shall  be  deemed  an  unlicensed  dog,  and  shall  be  disposed 
of  by  the  city  marshal,  or  other  police  officer  of  the  city,  as  herein¬ 
after  provided. 

Sec.  5.  Dogs  without  badges  to  be  killed.  It  shall  be  the 
duty  of  the  city  marshal  to  make  inquiry  for,  and  cause  to  be  pros¬ 
ecuted  every  owner  or  possessor  of  any  dog,  who  has  not  paid  the 
license  fee  upon  any  such  dog,  as  herein  required,  and  all  dogs  of 
any  age  found  running  at  large  in  the  city,  and  wearing  no  badges, 
and  for  which  no  owner  can  be  found,  upon  reasonable  inquiry,  shall 
be  slain  by  the  city  marshal  or  other  police  officer  and  removed  from 
the  city. 

Sec.  6.  Owners  of  unlicensed  dog  to  be  fined.  Every  owner, 
possessor  or  person  who  harbors  or  keeps  any  dog  within  the  city, 
who  neglects  or  refuses  to  comply  with  the  requirements  of  this  or¬ 
dinance,  shall  be  fined  in  any  sum  not  less  than  five  (5)  dollars,  nor 
more  than  twenty-five  (25)  dollars  for  each  offense:  and  if  any  such 
person  persists  in  refusing  to  pay  such  license  fee  aforesaid,  it  shall 
be  the  duty  of  the  city  marshal  to  slay  any  such  dog  so  owned  or 
possessed,  wherever  found,  upon  which  the  license  fee  is  so  refused 
to  be  paid. 

Sec.  7.  Fierce,  dangerous  or  mischievous  dogs  not  to  run 
at  large — Penalty.  Any  owner  or  keeper  of  any  fierce  or  danger¬ 
ous  dog  that  worries,  annoys,  or  damages  stock  or  other  property 


32 


REVISED  ORDINANCES 


who  shall  knowingly  permit  the  same  to  run  at  large  shall  be  sub¬ 
ject  to  a  penalty  of  not  less  than  three  (3)  nor  more  than  twenty 
(20)  dollars  for  the  first  offense,  and  not  less  than  five  (5)  nor  more 
than  twenty-five  (25)  dollars  for  the  second  or  any  subsequent  of¬ 
fense,  and  upon  the  second  conviction  such  dog  shall  be  killed  and 
removed  from  the  city  by  or  under  the  direction  of  the  city  marshal. 

Sec.  8.  Bitch  running  at  large  during  heat  may  be  killed— 
Duty  Of  marshal— Penalty.  Any  bitch  found  running  at  large 
during  the  period  of  her  heat  may  be  killed  by  any  person.  And  it 
shall  be  the  duty  of  the  city  marshal  to  kill  and  remove  from  the 
city  any  such  dogs,  and  the  owner  shall  be  subject  to  a  penalty  of 
not  less  than  three  (3)  nor  more  than  ten  (10)  dollars. 

Sec.  9.  Danger  from  hydrophobia,  notice — Penalty— Ex¬ 
ception.  At  any  time  when  danger  from  hydrophobia  may  be 
deemed  to  exist  in  or  near  the  city,  the  mayor  of  the  city  may  by 
proclamation  or  by  notice  in  a  newspaper  in  the  city,  authorized  to 
publish  the  ordinances  thereof,  or  by  printed  hand  bills,  require  all 
owners  of  dogs  to  confine  or  securely  muzzle  them  for  such  time  as 
may  be  designated  in  such  notice  or  proclamation,  or  during  such 
time  as  such  danger  may  be  deemed  to  exist.  All  dogs  found  run¬ 
ning  at  large  during  the  time  designated,  unless  muzzled  as  afore¬ 
said,  shall  be  killed  and  removed  from  the  city  by  or  under  the 
direction  of  the  city  marshal.  And  the  owner  or  keeper  of  such 
dog  or  dogs  shall  be  subject  to  a  penalty  of  not  less  than  three  (3) 
nor  more  than  ten  (10)  dollars.  Provided,  the  provisions  of  this 
ordinance  shall  not  apply  to  dogs  of  non-residents  coming  into  the 
city  with  their  owners,  until  after  such  owner  or  owners  shall  have 
been  notified  of  such  proclamation  or  notice. 

Passed  the  5th  day  of  April  A.  D.  1897 

Approved  the  5th  day  of  April  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 

H.  B.  Capps,  City  Clerk. 


OF  THE  CITY  OF  MT.  PULASKI. 


33 


CHAPTER  XI. 


DRUGGISTS 


Section  1. 

9 


4  4 


4  4 


4  4 


4  4 


3. 

4. 

5. 

6. 


May  sell  intoxicating  liquors. 

Restrictions  placed  on  the  right  to  sell. 
Not  to  include  sale  of  beer,  except,  etc. 
Permit  to  be  granted — Length  of  permit. 
Permit  may  be  revoked. 

Penalty. 


Section  l.  May  sell  intoxicating  liquors.  Be  it  ordained  by 
the  city  council  of  the  city  of  Mt.  Pulaski:  That,  subject  to  the 
regulations  and  restrictions  hereinafter  contained,  persons  engaged 
in  the  business  of  vending  drugs,  commonly  called  druggists,  may 
sell  intoxicating  liquors  in  less  quantity  than  one  gallon,  for  medici¬ 
nal,  mechanical  or  sacramental  purposes  only. 


Sec.  2.  Restrictions  placed  on  the  right  to  sell.  Such  per¬ 
mission  shall  only  extend  to  and  authorize  the  sale  of  intoxicating 
liquors  for  the  purposes  aforesaid,  when  the  same  shall  be  sold  upon 
the  prescription  of  a  practicing  physician,  or  when  the  said  liquor 
shall  be  a  necessary  ingredient  in  the  preparation  of  a  prescription 
prepared  by  said  druggist.  Provided,  However,  that  said  drug¬ 
gist  so  selling  such  intoxicating  liquors  for  any  of  the  aforesaid  pur¬ 
poses,  shall  be  held  to  exercise  good  faith,  to  ascertain  and  know 
that  such  liquors  so  sold  for  any  such  purpose  was  in  good  faith 
purchased  for  that  purpose  and  no  other. 

Sec.  3.  Rot  to  include  sale  of  beer ,  except,  etc.  Such  per¬ 
mission  shall  not  be  held  to  include  the  sale  of  those  malt  or  fer¬ 
mented  liquors,  commonly  called  beer  and  ale,  whether  sold  by  the 
bottle  or  otherwise,  except  such  sale  be  made  upon  the  written 
prescription  of  a  practicing  physician  furnished  said  druggist  at 
the  time  of  said  sale. 


34 


REVISED  ORDINANCES 


Sec.  4.  Permit  to  be  granted— Length  of  permit.  The  per¬ 
mission  to  sell  intoxicating  liquors  herein  provided  for  shall  be 
evidenced  by  a  written  or  printed  permit,  signed  by  the  mayor  and 
attested  by  the  city  clerk  under  the  corporate  seal  of  the  city.  The 
granting  of  such  permit  shall  be  duly  entered  upon  the  records  of 
the  city  kept  by  said  clerk,  and  such  record  shall  be  a  protection  to 
such  druggist  in  the  sale  of  intoxicating  liquors  allowed  by  this  or¬ 
dinance  so  long  as  such  permit  holds  good  and  said  druggist  com¬ 
plies  with  the  terms  thereof.  No  permit  shall  be  issued  foralonger 
term  than  the  municipal  year  in  which  the  same  shall  be  granted. 

Sec.  5.  Permit  may  be  revoked.  The  mayor  shall  have  power, 
and  it  is  hereby  made  his  duty  to  revoke  any  permit  granted  by 
him,  for  any  palpable  violation  of  the  provisions  of  this  ordinance  by 
any  such  druggist. 

Sec.  6.  Penalty.  Any  druggist  who  shall  violate  any  of  the 
provisions  of  this  ordinance  shall  be  fined  in  any  sum  not  less  than 
twenty  dollars  nor  more  than  one  hundred  dollars  for  each 
offense,  and  shall  forfeit  all  rights  he  may  have  under  and  by  virtue 
of  such  permit. 

Passed  the  5th  day  of  April,  A.  D.  1897. 

Approved  the  5th  day  of  April  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 


H.  B.  Capps,  City  Clerk. 


OF  THE  CITY  OF  MT.  PULASKI. 


35 


CHAPTER  XII. 


ELECTIONS. 


Section  1 . 


4  4 

9 

Li , 

4  4 

3. 

;  4 

4. 

4  4 

5. 

4  4 

6. 

4  4 

7. 

4  4 

00 

4  4 

9. 

4  4 

10. 

4  i 

11. 

4  4 

12. 

4  4 

13. 

•  4 

14. 

4  4 

15. 

4  4 

16. 

4  4 

17. 

4  4 

18. 

4  4 

19. 

4  4 

20. 

4  4 

21. 

4  4 

22. 

4  4 

23. 

4  4 

24. 

4  4 

25. 

4  4 

26. 

4  4 

27. 

4  4 

28. 

Time  of  general  election. 

Clerk  to  give  notice  of  election. 

Special  elections. 

Appointment  of  judges  and  clerks. 

Compensation  of  judges  and  clerks. 

Vacancies — How  filled. 

Oath — Vacancies. 

Ballot  boxes,  voting  booths,  etc. 

Ballots,  poll  books  and  blanks. 

Time  of  opening  and  closing  polls,  etc. 
Proclamation  to  be  made  before  polls,  etc. 

Ballot  box  to  be  opened  and  exhibited. 

General  election  law  applicable. 

Canvassing  votes  and  making  returns. 
Disposition  of  ballots. 

Penalty  for  failure  to  make  returns. 

Canvassing  returns  by  council. 

Tie  vote — Casting  lots. 

Notice  to  person  elected,  etc. 

Failure  to  elect — New  election. 

Order  to  be  preserved  at  polls. 

Dramshops  to  be  closed. 

Contesting  election  of  aldermen. 

Statement  of  contestant — Copy  to  be  served,  etc. 
Taking  testimony. 

Time  for  filing  proof  with  clerk. 

Hearing  contest  by  council — Decision. 

Opening  and  counting  ballots. 


Section  l.  Time  of  general  election.  Be  it  ordained  by  the 
City  council  of  the  City  Of  Alt.  Pulaski:  That  a  general  election 
for  all  municipal  officers  authorized  by  law  or  ordinance  to  be  elect¬ 
ed  shall  be  held  in  the  city  of  Mt.  Pulaski  on  the  third  Tuesday  of 


36 


REVISED  ORDINANCES 


April  in  each  year,  at  such  places  in  the  several  wards  of  said  city 
as  may  be  designated  by  the  city  council. 

Sec.  2.  Clerk  to  give  notice  Of  election.  The  city  clerk  shall 
give  notice  of  such  election  by  publishing  an  advertisement  in  some 
newspaper  prioted  and  published  in  said  city,  for  at  least  twenty 
days  prior  to  such  election,  in  which  notice  he  shall  state  the  time 
and  place  of  holding  such  election,  the  officers  to  be  elected,  and  the 
time  of  opening  and  closing  the  polls. 

Sec.  3.  Special  elections.  Special  elections  may  be  ordered  at 
any  time,  for  any  of  the  purposes  provided  by  law,  and  notice  there¬ 
of  shall  be  given  by  the  city  clerk  in  the  same  manner  and  for  the 
•same  length  of  time,  and  they  shall  be  conducted  in  the  same  man¬ 
ner  as  is  required  in  the  case  of  regular  annual  elections. 

Sec.  4.  Appointment  of  judges  and  clerks.  The  city  council 
shall,  at  least  twenty  days  before  any  election  shall  be  held,  desig¬ 
nate  the  places  of  holding  the  same,  and  appoint  three  capable  and 
discreet  electors  in  each  ward  of  the  city  to  act  as  judges  of  election 
therein,  and  three  electors  in  each  ward,  having  similar  qualifica¬ 
tions  with  the  judges,  to  act  as  clerks  of  election.  Immediately 
after  the  appointment  of  such  judges  and  clerks,  the  city  clerk  shall 
make  out  and  deliver  to  the  city  marshal  notices  thereof,  under  the 
the  corporate  seal,  directed  to  each  person  so  appointed,  and  said 
marshal  within  three  days  thereafter  shall  deliver  such  notices  to 
the  several  judges  and  clerks  so  appointed. 

Sec.  5.  Compensation  of  judges  and  clerks.  The  judges  and 
clerks  of  election  shall  be  allowed  the  sum  of  three  dollars  per  day 
for  their  services  in  attending  such  election. 

Sec.  6.  Vacancies— How  filled.  If  any  person  so  appointed  a 
judge  of  election  shall  not  be  present  at  the  time  for  opening  the 
polls  of  any  election,  or,  being  present,  shall  refuse  to  act  or  take 
the  oath  to  act  in  such  capacity,  the  judges  or  judge  present  may 
appoint  some  other  qualified  elector  of  the  ward  to  fill  the  vacancy. 
If  there  be  no  judge  of  election  present  at  the  time  fixed  for  opening 
the  polls,  such  of  the  electors  of  the  ward  as  may  then  be  present 
at  the  place  of  election  may  fill  the  place  of  such  judge  or  judges  by 
election  from  their  number;  and  the  judges  so  chosen  shall  have  the 
same  power  and  be  subject  to  the  same  penalties  as  other  judges  of 
elections:  Provided,  That  all  the  judges  shall  not,  in  any  case,  be 


OF  TIIE  CITY  OF  MT.  PULASKI. 


37 


appointed  or  chosen  from  the  same  political  party  or  organization. 

Sec.  7.  Oatll — Vacancies.  The  judges  of  election  shall  appoint 
clerks,  when  necessary,  to  fill  vacancies,  and  the  judges  and  clerks 
shall  severally  take  an  oath  or  affirmation  in  the  following  form,  to- 
wit: 

“I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will 
support  the  constitution  of  the  United  States  and  the  constitution 
of  the  state  of  Illinois,  and  that  I  will  faithfully  discharge  the  duties 
of  the  office  of  judge  of  election  (or  clerk,  as  the  case  may  be)  accord¬ 
ing  to  the  best  of  my  ability.” 

In  case  there  shall  be  no  judge  or  justice  of  the  peace  present  at 
the  opening  of  the  election,  it  shall  be  lawful  for  the  judges  of  elec¬ 
tion  to  administer  the  oith  or  affirmation  to  each  other  and  to  the 
clerks  of  election,  and  the  person  administering  such  oath  or  affirma¬ 
tion  shall  cause  an  entry  thereof  to  be  made  and  subscribed  by  him 
prefixed  to  each  poll  book.  If  any  judge  or  clerk  shall,  after  enter- 
ing  upon  his  duties,  by  sickness  or  other  disability  become  unable  to 
act,  another  may  be  appointed  in  his  place  by  the  judges;  and  in 
such  case  the  person  substituted  shall  take  and  subscribe  the  oath 
hereinbefore  prescribed,  and  the  substitution  of  such  person  and 
the  time  of  such  substitution  shall  be  noted  on  the  poll  books. 

Sec,  8.  Ballot  boxes ,  voting  booths,  etc.  The  city  clerk 
shall  provide,  at  the  expense  of  the  city,  a  sufficient  number  of  ballot 
boxes  and  voting  booths  for  the  several  voting  precincts.  There 
shall  be  an  opening  in  the  lid  of  each  ballot  box,  not  larger  than  is 
sufficient  to  admit  a  single  closed  ballot  to  be  inserted  therein  at  one 
time,  through  which  each  ballot  voted  shall  be  put  into  the  box. 

The  voting  booths  shall  in  all  respects  be  constructed  in  conform¬ 
ity  to  and  shall  be  supplied  with  all  the  necessary  conveniences 
provided  for  in  the  statutes  of  the  state  of  Illinois  relating  thereto. 

Sec.  9.  Ballots,  poll  books  and  blanks.  The  city  clerk  shall 
also  provide,  at  the  expense  of  the  city,  all  ballots  to  be  used  at  any 
election,  and  all  proper  poll  books,  blanks  and  other  necessary  sta¬ 
tionery  for  each  precinct  in  the  city,  and  cause  a  suitable  number 
thereof  to  be  delivered  to  the  judges  of  election  at  least  two  days 
before  the  day  of  such  election.  Said  ballots,  poll  books  and  blanks 
shall  be  prepared  by  said  clerk,  printed  and  distributed  in  every  re¬ 
spect  in  strict  accord  with  the  provisions  of  an  Act  of  the  General  As¬ 
sembly  of  the  state  of  Illinois,  entitled  “An  Act  to  provide  for  the 


38 


REVISED  ORDINANCES 


printing  and  distribution  of  ballots  at  public  expense,  and  for  the 
nomination  of  candidates  for  public  offices,  to  regulate  the  manner 
of  holding  elections  and  to  enforce  the  secrecy  of  the  ballot.” 
(Approved  June  22,  1891;  in  force  July  1,  1891.) 

Sec.  10.  Time  of  opening  and  closing  polls.  The  polls  shall 
be  opened  at  the  hour  of  seven  o’clock  in  the  morning  and  continued 
open  until  five  o’clock  in  the  afternoon  of  the  same  day,  at  which 
time  they  shall  be  closed ;  but  if  the  judges  shall  not  attend  at  the 
hour  of  seven  o’clock  in  the  morning,  or  if  it  shall  be  necessary  for 
the  electors  present  to  appoint  judges  to  conduct  the  election,  the 
polls  shall,  in  that  case,  be  opened  as  soon  after  seven  o’clock  in  the 
morning  as  may  be. 

Sec.  ll.  Proclamation  to  be  made  before  polls ,  etc.  Upon 
opening  the  polls,  one  of  the  judges  or  clerks  of  election  shall  make 
proclamation  of  the  same,  and  at  least  thirty  minutes  before  the 
closing  of  the  polls  proclamation  shall  be  made  in  like  manner  that 
the  polls  will  be  closed  at  five  o’clock. 

Sec.  12.  Ballot  box  to  be  opened  and  exhibited.  Before  any 
ballot  shall  be  deposited  in  the  ballot  box,  the  ballot  box  shall  be 
publicly  opened  and  exhibited,  and  the  judges  and  clerks  shall  see 
that  no  ballot  is  in  such  box,  after  which  the  box  shall  be  locked 
and  the  key  delivered  to  one  of  the  judges,  and  shall  not  be  again 
opened  for  any  purpose  until  the  polls  are  closed. 

Sec.  13.  General  election  law  applicable.  The  manner  of 
conducting  such  election  and  the  voting  thereat,  the  keeping  of  the 
poll  list  and  the  canvassing  of  the  votes  by  the  judges  thereof  shall 
be  the  same,  as  nearly  as  may  be,  as  in  the  case  of  the  election  of 
counfy  officers  under  the  general  election  laws  of  this  state. 

Sec.  14.  Canvassing  votes  and  making  returns.  Immedi¬ 
ately  upon  closing  the  polls,  the  judges  shall  proceed  to  canvass  the 
votes  polled.  They  shall  first  count  the  whole  number  of  the  ballots 
in  the  box.  If  the  ballots  shall  be  found  to  exceed  the  number  of 
names  entered  on  each  of  the  poll  lists,  the  judges  shall  reject  the 
ballots,  if  any  be  found,  which  have  not  the  official  endorsement 
thereon.  If  the  number  of  ballots  still  exceeds  the  number  of  names 
entered  on  each  of  the  poll  lists,  they  shall  be  placed  in  the  box, 
and  the  box  closed  and  well  shaken  and  again  opened,  and  one  of 
the  judges  shall  publicly  draw  out  as  many  ballots,  unopened,  as 


OF  THE  CITY  OF  MT.  PULASKI. 


39 


shall  be  equal  to  such  excess.  The  ballots  which  shall  be  so  drawn 
out  as  excessive  shall  be  separately  marked  as  “excess  ballots,”  and 
inclosed  in  an  envelope,  securely  sealed  and  marked  “excess  bal¬ 
lots,”  and  returned  in  the  same  manner  as  “defective”  or  “objected 
to”  ballots  are  required  to  be  returned.  After  the  ballots  and  poll 
list  have  been  found  or  made  to  agree,  the  board  shall  proceed  to 
count  the  votes.  Ballots  not  counted  shall  be  marked  “defective” 
on  the  back  thereof,  and  badot  to  which  objection  has  been  made  by 
either  of  the  judges  or  challengers  shall  be  marked  “objected  to”  on 
the  back  thereof,  and  a  memorandum  signed  by  the  judges,  stating 
how  it  was  counted,  shall  be  written  upon  the  back  of  each  ballot  so 
marked,  and  all  ballots  marked  “defective”  or  “objected  to”  shall 
be  inclosed  in  an  envelope,  securely  sealed,  and  so  marked  and  en¬ 
dorsed  as  to  clearly  disclose  its  contents,  and  shall  be  returned  to 
the  city  clerk.  When  all  the  ballots  shall  have  been  canvassed,  the 
clerk  shall  announce  to  the  judges  the  total  number  of  votes  received 
by  each  candidate.  Each  judge  of  election  in  turn  shall  then  pro¬ 
claim,  in  a  loud  voice,  the  total  number  of  votes  received  by  each  of 
the  persons  voted  for  and  the  office  for  which  he  is  designated,  and 
the  number  of  votes  for  and  the  number  of  votes  against  any  propo¬ 
sition  which  shall  have  been  submitted  to  a  vote  of  the  people.  Im¬ 
mediately  after  making  such  proclamation,  and  before  separating, 
the  judges  shall  fold  in  two  folds  and  string  closely  upon  a  single 
piece  of  flexible  wire  all  ballots  which  have  been  counted  by  them, 
except  ballots  marked  “objected  to,”  unite  the  ends  of  such  wire  in 
a  firm  knot,  seal  the  knot  in  such  manner  that  it  cannot  be  untied 
without  breaking  the  seal,  inclose  the  ballots  so  strung  in  an  envel¬ 
ope,  with  official  wax-impression  seals,  to  be  provided  by  the  judges, 
in  such  manner  that  it  cannot  be  opened  without  breaking  the  seals, 
and  one  of  the  judges  shall  return  said  ballots,  together  with  the 
package  containing  the  ballots  marked  “defective”  or  “objected  to,” 
in  such  sealed  package  or  envelope,  to  the  city  clerk  of  the  city  of 
Mt.  Pulaski  within  two  days  after  such  election.  Said  package  shall 
be  endorsed,  “Election  returns,  -  Ward.” 

Sec.  15.  Disposition  Of  ballots.  The  city  clerk  shall  safely 
and  securely  keep  and  preserve  all  ballots  which  shall  be  returned 
to  him  by  the  judges  of  election  for  the  space  of  six  months  after 
the  same  have  been  returned  to  him.  At  the  expiration  of  such  six 
months,  the  city  clerk  shall  destroy  all  such  ballots  by  burning, 


40 


REVISED  ORDINANCES 


without  previously  opening  the  packages  or  envelopes,  in  the  pres¬ 
ence  of  the  said  clerk  and  two  electors  of  approved  integrity  and 
good  repute,  and  members,  to  be  designated  by  the  county  judge  of 
Logan  county,  respectively  of  the  two  leading  political  parties: 
Provided,  That  if  any  contest  of  the  election  of  any  officer  voted 
for  at  such  election  shall  be  pending  at  the  expiration  of  said  time, 
the  said  ballots  shall  not  be  destroyed  until  such  contest  is  finally 
determined. 

Sec.  16.  Penalty  for  failing  to  make  returns.  If  any  judge 
of  election  chosen  to  deliver  the  returns  and  ballots  to  the  city 
clerk  shall  not  deliver  the  same  safely,  with  the  seal  unbroken, 
within  two  days  after  the  election,  he  shall  be  subjected  to  a  fine  of 
not  less  than  fifty  dollars,  nor  more  than  two  hundred  dollars.  The 
city  clerk  shall  be  subject  to  a  like  penalty  if  he  fails  to  deliver  the 
same  to  the  city  council  in  the  same  condition. 

Sec.  17.  Canvassing  returns  by  council.  When  the  election 
returns  from  ail  the  wards  shall  be  filed  with  the  city  clerk  he  shall, 
without  delay,  notify  the  mayor,  who  shall  immediately  convene  the 
council,  and  the  council  shall  then  proceed  to  open  and  canvass  the 
returns  from  each  ward,  and  when  finished  shall  declare  the  result, 
and  the  clerk  shall  enter  the  same  in  full  on  the  journals  of  pro¬ 
ceedings,  naming  every  person  voted  for,  the  number  of  votes  he 
received  and  for  what  office  the  persons  elected. 

Sec.  18.  Tie  votes — Casting  lots.  The  person  having  the 
highest  number  of  votes  for  any  office  shall  be  declared  elected; 
when  two  or  more  persons  receive  an  equal  number,  and  the  highest 
number  of  votes  for  any  office,  the  city  council  shall  cause  the  city 
clerk  to  issue  a  notice  to  such  persons  of  such  tie  vote,  and  require 
them  to  appear  before  the  city  council  on  a  day  and  at  a  time  named 
in  the  notice,  within  ten  days  from  the  day  of  election  and  deter¬ 
mine  by  lot  in  the  presence  of  the  city  council,  which  of  them  is  to 
be  declared  elected;  and  on  the  day  and  at  the  time  appointed,  the 
city  council  shall  proceed  to  determine  the  same  by  lot  in  their 
presence,  in  the  manner  following:  There  shall  be  placed  in  a  bal¬ 
lot  box  as  many  folded  ballots  as  there  are  persons  having  an  equal 
and  the  highest  number  of  votes;  on  one  of  the  ballots  the  name  of 
the  office  for  which  the  candidates  were  voted  for  shall  be  written, 
and  the  other  ballots  shall  have  some  other  words  written  upon 
them.  The  candidates  shall  each  draw  one  ballot,  and  the  candi- 


OF  THE  CITY  OF  MT.  PULASKI. 


41 


date  drawing  the  ballot  on  which  the  name  of  the  office  is  written 
shall  be  declared  elected;  the  mayor  shall  appoint  one  of  the  aider- 
men  elected  to  draw  for  such  candidate. 

Sec.  19.  Notice  to  persons  elected ,  etc.  The  city  clerk  shall, 
within  five  days  after  any  person  is  declared  elected  to  any  office  by 
the  city  council,  notify  him  in  writing  of  his  election,  naming  the 
office  for  which  he  has  been  declared  elected,  and  requesting  him  to 
qualify  in  ten  days  after  such  notice;  and  unless  such  person  shall 
qualify  in  ten  days  after  such  notice,  the  office  shall  become  vacant. 

Sec.  20.  Failure  to  elect— New  election.  If  at  any  election 
there  is  a  failure  to  elect  any  officer  required  to  be  elected  by  or  in 
pursuance  of  law,  or  if  the  person  declared  elected  should  fail  to 
qualify,  or  should  be  ineligible  to  the  office  because  of  any  legal  dis¬ 
qualification,  the  city  council  may  forthwith  order  and  call  a  new 
election  therefor. 

Sec.  21.  Order  to  be  preserved  at  polls.  The  city  marshal 
and  all  other  police  officers  shall  attend  at  all  elections  for  the  pur¬ 
pose  of  maintaining  order  and  keeping  the  peace. 

The  judges  shall  maintain  order  at  the  polls,  and  may  command 
any  police  officer  in  attendance  to  arrest  any  person  who  shall  dis¬ 
turb  the  peace  by  riotous  or  disorderly  conduct.  Any  person  who 
at  the  polls  shall  break  or  disturb  the  peace,  or  conduct  himself  in 
a  riotous  or  disorderly  manner,  shall  oe  subject  to  a  penalty  not  ex¬ 
ceeding  twenty-five  dollars. 

Sec.  22.  Dramshops  to  be  closed.  No  spirituous,  malt,  vinous 
or  intoxicating  liquor  shall  be  sold  or  given  away  at  retail,  nor  shall 
any  saloon  or  barroom  or  place  where  such  liquor  is  sold  or  given 
away  be  open  upon  any  general  or  special  election  day  in  said  city. 
Whoever  violates  the  provisions  of  this  section  shall  be  fined  in  a 
sum  not  less  than  twenty-five  dollars,  nor  more  than  one  hundred 
dollars. 

Sec.  .  23.  Contesting  election  of  aldermen.  The  election  of 
any  aldermen  may  be  contested  by  any  elector  of  the  city  of  Mt. 
Pulaski,  and  the  proceedings  shall  be  in  the  manner  hereinafter 
provided,  as  nearly  as  may  be.  The  city  council  shall  be  the  tri¬ 
bunal  before  which  such  contest  may  be  heard,  and  its  decision 
thereon  shall  be  final. 

Sec.  24.  Statement  of  contest — Copy  to  be  served ,  etc. 


42 


REVISED  ORDINANCES 


When  any  person  shall  desire  to  contest  the  right  of  another  to  hold 
the  office  of  alderman  in  said  city,  he  shall,  within  thirty  days  after 
the  person  whose  election  is  contested  is  declared  elected,  file  with 
the  city  clerk  a  statement  in  writing,  setting  forth  the  points  on 
which  he  will  contest  such  election,  which  statement  shall  be  veri¬ 
fied  by  affidavit.  Upon  filing  such  statement,  such  contestant  shall 
also  serve  a  copy  thereof  upon  the  person  whose  election  he  intends 
to  contest,  and  in  case  such  person  is  absent  from  the  city,  con¬ 
cealed,  or  cannot  be  found,  then  by  leaving  a  copy  of  the  statement 
at  his  usual  place  of  residence. 

Sec.  25.  Taking  testimony.  Whenever  said  statement  shall 
have  been  filed,  and  a  copy  thereof  served  as  aforesaid,  it  shall  be 
the  duty  of  the  city  council,  upon  the  request  of  either  party,  to 
meet  and  fix  the  time  and  place  for  taking  the  depositions  of  wit¬ 
nesses,  at  which  time  the  contestant  shall  begin  the  taking  of  his 
testimony,  and  continue  the  same  from  day  to  day  thereafter  until 
all  his  testimony  shall  have  been  taken.  When  the  contestant 
shall  have  concluded  the  taking  of  his  testimony,  the  contestee 
shall  proceed  to  take  his  testimony  in  the  same  manner;  and  the 
contestant  shall  be  allowed  to  rebut  the  testimony  of  the  contestee. 
Such  testimony  shall  be  taken  in  the  same  manner  as  is  provided  by 
law  for  taking  depositions  to  be  used  in  cases  in  chancery. 

Sec.  26.  Time  for  filing  proof  with  clerk.  In  all  cases  of 
such  contested  elections,  the  proof  shall  be  taken  and  filed  with  the 
clerk  within  sixty  days  from  the  taking  of  the  same;  but  the  city 
council  may,  upon  sufficient  cause  shown,  extend  the  time.  No  tes¬ 
timony  shall  be  taken  or  be  produced  on  the  hearing  of  the  contest 
before  the  city  council,  except  upon  the  points  set  forth  in  the 
statement  filed  by  the  contestant  and  served  upon  the  contestee. 

Sec.  27.  Hearing  contest  by  council— Decision.  When  all 
the  evidence  shall  have  been  taken  as  aforesaid,  the  same  shall  be 
forthwith  filed  in  the  office  of  the  city  clerk,  who  shall  lay  the  same 
before  the  city  council,  and  the  council  shall,  without  delay,  refer 
the  same  to  some  appropriate  committee  to  examine  and  report 
thereon  Upon  such  report  being  made,  the  city  council  shall  hear 
the  case,  and  may  require  all  the  testimony  and  proofs  taken  to  be 
read  in  open  council,  and  shall,  by  a  majority  vote,  upon  the  call  of 
the  ‘‘yeas”  and  “nays,”  declare  as  elected  the  person  who  shall  ap¬ 
pear  by  the  evidence  to  be  legally  entitled  to  the  seat  in  the  council 


OF  THE  CITY  OF  MT.  PULASKI. 


43 


as  such  alderman;  and  the  clerk  shall  enter  such  decision  and  dec¬ 
laration  upon  the  journal  of  the  city  council. 

Sec.  28.  Opening  and  counting  ballots.  In  all  cases  of  con¬ 
tested  elections,  the  parties  to  such  contest  shall  be  entitled  to 
have  the  package  or  packages  of  ballots  which  have  been  returned 
to  the  city  clerk  pursuant  to  law,  opened  in  the  presence  of  the  com 
mittee  of  the  city  council,  and  in  the  presence  of  the  city  clerk,  the 
custodian  thereof,  and  to  have  said  ballots  inspected  or  counted;  or 
the  same  may  be  brought  into  open  council,  and  then  and  there  in¬ 
spected  or  counted  by  the  council  or  a  committee  appointed  for  that 
purpose. 

Passed  the  5th  day  of  April  A.  D.  1897 

Approved  the  5th  day  of  April  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 


H.  B.  Capps,  City  Clerk 


44 


REVISED  ORDINANCES 


CHAPTER  XIII. 


FINES  AND  PENALTIES. 


Section  1. 


i ( 

9 

Li  . 

i  < 

3. 

i  l 

4. 

■l  { 

5. 

<  i 

6. 

i  1 

7. 

i  l 

.( 

8. 

Q 

(  i 

D. 

10. 

(  i 

11. 

(  l 

12. 

l  i 

13. 

l  l 

14. 

Actions  to  be  brought  before  police  magistrate. 

Before  suit  brought  attorney  to  file  statement;  form 
of. 

Number  of  charges  not  limited. 

Summons  and  warrant  may  issue  when. 

Defendant  not  appearing,  magistrate  shall  proceed 
to  hear. 

When  process  necessary,  statement  to  be  filed  in  all 
cases. 

Officers  and  persons  making  arrests;  witnesses;  evi¬ 
dence,  etc. 

City  attorney  when  not  to  bring  suit. 

Witnesses  and  jurors;  fees,  when,  attendance,  etc. 

Judgment  given  against  party  complaining. 

Offender  committed  until  fine,  etc.,  paid;  labor  on 
streets,  etc. 

Non-payment  of  fine,  constable  takes  charge. 

Refusing  to  work,  etc. 

Housed  and  fed;  balance  of  fine. 


Section  l.  Actions  to  be  brought  before  police  magistrate. 
Be  it  ordained  by  the  city  council  of  the  city  of  Mt.  Pulaski: 

That  all  suits  or  actions  for  the  recovery  of  any  fine,  penalty  or  for¬ 
feiture,  arising  under  the  ordinances  of  the  city  when  the  amount 
in  controversy  does  not  exceed  two  hundred  (200)  dollars,  shall  be 
brought  before  the  police  magistrate  of  said  city,  or  in  case  of  his 
absence  or  inability  to  act,  before  the  next  nearest  justice  of  the 
peace  in  Logan  county. 


Sec.  2.  Before  suit  brought  attorney  to  file  statement;  form 
Of.  Unless  otherwise  provided,  before  any  suit  shall  be  brought  in 
the  name  of  the  corportion  before  the  city  magistrate  or  any  jus- 


OF  THE  CITY  OF  MT.  PULASKI. 


45 


tice  of  the  peace  for  any  fine,  penalty  or  forfeiture,  the  city  attorney 
or  person  prosecuting  shall  file  a  statement  signed  by  him,  which 
statement  may  be  in  substance  as  follows,  to-wit: 

“A.  B.  TO  THE  CITY  OF  MT.  PULASKI,  DR. 

To . dollars  for  a  violation  of . section  of . division 

of  an  ordinance . which  was  passed  by  the  city  council  of  the  city  of  Mt 

Pulaski,  on  the . day  of . ..A.  D.,  18..  before  the  commencement 

of  this  suit,  and  within  the  corporate  limits  of  the  city  of  Mt.  Pulaski  (here  state  the 
particular  violation  complained  of,  as  near  as  may  be  in  the  language  of  the  ordi¬ 
nance)  against  the  peace  and  contrary  to  and  in  violation  of  the  provisions  of  said  or¬ 
dinance. 

Signed  F.  L.  T.” 

Sec.  3.  Number  of  Charges  not  limited.  Any  number  of  al¬ 
leged  violations,  charges  or  forfeitures,  so  that  the  amount  stated 
in  the  aggregate  does  not  exceed  two  hundred  (200)  dullars,  may  be 
embodied  in  the  same  statement,  and  the  police  magistrate  or  jus¬ 
tice  of  the  peace  may  hear  and  determine  the  several  counts  so  con¬ 
solidated,  and  render  judgment  for  the  amount  or  number  of  viola¬ 
tions,  or  forfeitures  or  violations  for  fines  and  penalties  incurred, 
that  may  be  proven  at  such  hearing. 

Sec.  4.  Summons  and  warrant  may  issue  when.  In  all 
actions  for  the  violation  of  any  ordinance,  the  first  process  shall  be 
summons,  in  the  usual  form  of  summonses  in  civil  proceedings: 
Provided,  However,  that  a  warrant  for  the  arrest  of  the  offender 
may  issue  in  the  first  instance,  upon  the  affidavit  of  any  person  that 
any  such  ordinance  has  been  violated,  and  that  the  person  making 
the  complaint  has  reasonable  grounds  to  believe  the  party  charged 
is  guilty  thereof,  and  any  person  arrested  upon  such  warrant,  shall 
without  unnecessary  delay,  be  taken  before  the  proper  officer  to  be 
tried  for  the  alleged  offense,  and  upon  any  person  being  arrested 
upon  such  warrant,  the  statement  aforesaid  may  be  filed  at  any  time 
before  the  trial  of  said  cause;  which  said  warrant  may  be  in  sub¬ 
stance  as  follows: 

STATE  OF  ILLINOIS,  1 

Logan  County,  >ss 

City  of  Mt.  Pulaski.  ) 

The  people  of  the  State  of  Illinois  to  any  constable  of  said  county,  Greeting. 

Whereas,  A.  B.  has  this  day  made  complaint  in  writing  upon  oath  before  the  under¬ 
signed  police  magistrate  or  justice  of  the  peace  that  the . section  of  chap¬ 
ter . of  an  ordinance  of  the  city  of  Mt.  Pulaski  entitled,  “An  Ordinance  in 

Revision  and  Consolidation  of  the  Ordinances  of  the  City  of  Mt.  Pulaski,”  has  been 
violated  and  that  the  said  A.  B.  has  reasonable  grounds  to  believe  that  C.  D.  is  guilty 
of  the  violation  thereof,  you  are,  therefore,  hereby  commanded  to  take  the  body  of  the 
said  C.  D.  and  bring  him  forthwith  before  me  to  my  office  in  the  city  of  Mt.  Pulaski,  on 

the . day  of . A.  D . at . o’clock . m., 

to  answer  to  the  complaint  of  the  city  of  Mt.  Pulaski  in  an  action  of  debt  for  such  vio¬ 
lation  or  violations  of  said  ordinance  or  ordinances  and  to  be  further  dealt  with  ac- 


46 


REVISED  ORDINANCES 


cording  to  law,  demand  not  exceedingutwo  hundred  dollars,  and  hereof  make  due  re¬ 
turn  as  the  law  directs. 

Given  under  my  hand  and  seal  at  Mt.  Pulaski  this . day  of . A. 

D.  18... 

Signed  W.  A.  S.,  P.  M. 

And  in  all  such  cases  the  defendant  shall  have  a  right  to  release 
his  or  her  body  from  arrest  under  such  process  by  giving  special 
bail  to  the  officer  executing  the  same,  which  shall  be  endorsed  upon 
the  back  of  the  warrant  in  the  following  form  as  nearly  as  may  be, 
towit : 

I,  (4.  F.  do  hereby  acknowledge  myself  special  bail  for  the  within 

C.  D.  Witness  my  hand  this . day  of . A. 

D . 

Which  endorsement  shall  be  signed  by  one  or  more  securities  to 
be  approved  by  the  officer  taking  the  same  and  shall  have  the  force 
and  effect  of  a  recognizance  of  bail,  the  conditions  of  which  are  that 
the  defendant,  if  judgment  shall  be  given  against  him  or  her,  shall 
pay  the  same  with  costs,  or  surrender  his  or  her  body  in  execution, 
and  in  default  of  such  payment  or  surrender,  the  goods  and  chat¬ 
tels  of  the  bail  shall  be  liable  for  the  payment  of  the  judgment  and 
costs:  Provided,  That  if  the  body  of  the  defendant  shall  be  ren¬ 
dered  in  execution  by  himself  or  his  bail  within  thirty  (30)  days 
after  the  issuing  of  such  execution  or  if  a  sufficiency  of  the  defend¬ 
ant’s  property  shall  be  found  to  satisfy  the  judgment  and  costs,  the 
bail  shall  be  exonerated;  but  if  neither  the  body  of  the  defendant 
shall  be  rendered  nor  a  sufficiency  of  his  or  her  property  can  be 
found  within  the  time  aforesaid  to  pay  the  judgment  and  costs, 
then  the  justice  shall  issue  an  execution  against  the  bail  who  shall 
be  dealt  with  in  the  same  manner  as  if  he  were  defendant. 

Sec.  5.  Defendant  not  appearing  magistrate  shall  proceed 
to  hear.  If  the  defendant  shall  not  appear  at  the  hour  of  trial, 
after  giving  bail  as  aforesaid,  and  no  sufficient  reason  be  assigned 
to  the  magistrate  why  he  or  she  does  not  appear,  the  magistrate 
shall  proceed  to  hear  and  determine  the  case  in  the  absence  of  the 
defendant,  but  shall  not  give  judgment  in  favor  of  the  plaintiff  un¬ 
less  said  plaintiff  shall  fully  prove  the  violation  or  violations  com¬ 
plained  of  in  the  same  measures  as  if  the  defendant  had  been  pres¬ 
ent  and  denied  the  same. 

Sec.  6.  When  process  necessary ,  statement  to  be  filed  in 
all  cases.  No  process  shall  be  necessary  where  the  person  is  le¬ 
gally  arrested  without  warrant  and  brought  before  the  court;  but 


OF  THE  CITY  OF  MT.  PULASKI. 


47 


in  all  cases  the  statement  required  by  the  second  section  of  this  or¬ 
dinance,  shall  be  made  out.  signed  and  filed  as  herein  prescribed. 

Sec.  7.  Officers  and  persons  making  arrests ,  witnesses, 
evidence,  etc.  All  officers  or  other  persons  making  arrest  shall 
serve  as  a  witness  before  the  police  magistrate  or  justice’s  court 
and  shall  procure  all  necessary  evidence  in  their  power,  and  furnish 
a  list  of  all  the  witnesses  to  the  court  or  city  attorney  in  due  sea¬ 
son. 

Sec.  8.  City  attorney  when  not  to  bring  suit.  The  city  at¬ 
torney  shall  not  be  compelled  to  bring  or  prosecute  any  suit  in  any 
case  where  he  may  be  satisfied  that  the  said  cause  is  instituted  ma¬ 
liciously,  vexatiously  and  without  any,  probable  cause,  and  that  the  best 
interests  of  the  public  or  of  the  city  will  not  be  subserved  thereby. 

Sec.  9.  Witnesses'  and  jurors'  fees,  when  attendance  of, 
etc.  Witnesses  and  jurors  attending  before  the  justice’s  court  on 
any  suit  or  action  for  any  fine  or  penalty  arising  under  the  ordi¬ 
nances  of  the  city  of  Mt.  Pulaski,  shall,  in  case  judgment  is  obtain¬ 
ed  against  the  offender  and  collected  from  him  or  her,  be  entitled  to 
the  same  fees  as  in  like  cases  under  the  laws  of  this  state;  but  no 
cases  shall  be  taxed  up  or  allowed  against  the  city  of  Mt.  Pulaski, 
except  upon  the  approval  thereof  by  the  city  council.  The  justice 
of  the  peace  before  whom  any  such  suit  shall  be  pending,  shall  have 
and  he  is  hereby  empowered  to  compel  the  attendance  of  persons 
and  witnesses  by  subpoena  or  attachment,  and  to  fine  and  commit 
to  the  city  or  county  jail  for  contempt  of  court,  as  is  provided  for 
by  the  laws  of  this  state. 

Sec.  10.  Judgment  given  against  party  complaining.  If 

any  person  charged  with  any  offense  shall  upon  his  trial  therefor  be 
acquitted  and  it  shall  satisfactorily  appear  to  the  court  that  the 
complaint  or  prosecution  was  instituted  maliciously  or  vexatiously 
or  without  any  probable  cause,  judgment  may  be  rendered  against 
the  party  complaining  or  prosecuting  the  same,  for  the  costs 
arising  in  the  case  and  execution  may  issue  therefor. 

Sec.  ll.  Offender  committed  until  fine,  etc.  paid— Labor  on 
Street ,  etc.  The  police  magistrate,  or  any  other  justice  of  the 
peace,  or  any  court  before  whom  any  person  shall  be  convicted  or 
adjudged  guilty  of  any  violation  of  the  provisions  of  the  ordinance 
of  the  said  city,  whereby  a  forfeiture  or  penalty  has  accrued  to  said 


48 


REVISED  ORDINANCES 


city,  or  fine  recovered  for  the  violation  of  any  pro¬ 
vision  of  the  ordinances  of  said  city,  shall  in  all  cases,  as  well  as  for 
contempt  of  court,  as  a  part  of  the  judgment  of  the  court,  order 
that  the  offender  stand  committed  until  the  fine  and  costs  are  fully 
paid,  or  otherwise  legally  discharged,  and  execution  may  issue  im¬ 
mediately  upon  such  judgment  for  fines,  penalties,  forfeitures  and 
costs;  and  if  the  defendent  shall  not  at  once  turn  out  goods  or  chat¬ 
tels  in  Logan  county  sufficient  to  satisfy  said  execution,  the  execu¬ 
tion  shall  require  the  defendent  to  be  compelled  to  labor  upon  the 
streets  or  alleys,  or  any  of  the  public  works  of  the  city,  diligently 
ten  hours  in  each  day,  at  the  rate  of  fifty  (50)  cents  per  day,  inclu¬ 
sive  of  his  board,  until  the  fine  and  costs  so  found  against  him  shall 
have  been  fully  paid.  The  execution  in  such  case  may  be  in  sub¬ 
stance  as  follows,  to-wit. 

STATE  OF  ILLINOIS,  i 
Logan  County.  >ss 

City  of  Mt.  Pulaski.  | 

The  people  of  the  state  of  Illinois  to  any  constable  of  said  county.  Greeting: 

Whereas,  In  a  certain  suit  lately  before  me,  the  undersigned,  a  Justice  of  the  Peace 
(or  Police  Magistrate)  in  and  for  said  city,  county  and  state,  depending,  wherein  the 

city  of  Mt.  Pulaski  was  plaintiff  and .  was  defendant,  and  wherein  the 

amount  claimed  and  in  controversy  did  not  exceed  two  hundred  (200)  dollars,  judgment 
was  rendered  by  me  in  said  suit,  in  a  plea  of  debt  in  favor  of  said  plaintiff,  and  against 

said  defendent,  for  the  sum  of . dollars;  besides  costs  of  suit,  which  are  herein 

assessed  and  taxed  at . dollars. 

And  Whereas,  Also  the  said  plaintiff  has  caused  execution  to  be  issued  on  said 
judgment'  for  the  collection  thereof,  and  demand  having  been  made  of  said  defendant 
that  he  turn  out  property  sufficient  to  satisfy  said  execution  and  he  having  refused 
and  neglected  to  turn  out  such  property  and  the  said  execution  being  returned  “no 
property  found.” 

You  are  therefore,  hereby  commanded  that  you  take  the  body  of  the  said  defendant 
and  him  safely  keep  so  that  you  have  him  to  satisfy  unto  the  said  plaintiff  the  judg¬ 
ment  aforesaid,  as  provided  by  the  ordinances  of  said  city. 

Given  under  my  hand  and  seal,  this  —  day  of . A.  D.,  18. . .  W.  A.  S.,  P.  M. 

Sec.  12.  Non-payment  of  fine— Constable  take  charge. 
When  any  person  shall  be  committed  by  the  police  magistrate  or 
any  other  justice  or  court,  for  the  non-payment  of  any  penalty,  for¬ 
feiture  or  fine,  the  city  marshal  shall  take  charge  of  such  person 
and  cause  him  to  work  upon  the  street  or  any  public  work,  under 
the  order  of  the  street  commissioner,  and  shall  compel  such  person 
to  labor  or  work  out  the  amount  of  fine  and  costs  so  assessed  against 
him,  allowing  him  fifty  (50)  cents,  inclusive  of  his  board,  for  each  day 
so  worked;  and  the  city  marshal  shall  make  a  monthly  statement  or 
report  to  the  city  council  at  their  regular  monthly  meeting,  of  all 
persons  who  have  been  put  in  his  custody  to  work  or  labor,  the 


OF  THE  CITY  OF  MT.  PULASKI. 


49 


amount  of  fine  and  costs  assessed  against  each  one,  and  the  number 
of  days  each  one  has  worked. 

Sec.  13.  Refusing  to  work ,  etc.  Any  person  put  in  the  cus¬ 
tody  of  the  city  marshal  for  that  purpose  who  shall  refuse  to  work 
or  labor  or  who  shall  conduct  himself  in  a  riotous  or  disorderly  man¬ 
ner,  or  who  shall  refuse  to  obey  the  orders  of  the  city  marshal  or 
shall  attempt  to  escape,  shall  not  be  entitled  to  any  credit  on  his 
fine  for  such  time  as  he  may  refuse  to  labor,  or  for  the  time  he  may 
have  labored  before  attempting  to  escape  and  shall  be  recommitted 
to  jail  or  other  safe  place  of  confinement  until  he  shall  have  con¬ 
sented  to  labor. 

Sec.  14.  Housed  and  fed— Balance  of  fine.  The  city  mar¬ 
shal  having  any  person  so  committed  to  his  custody,  for  the  pur¬ 
pose  of  working  out  such  fine  and  costs,  shall  furnish  him  com¬ 
fortable  lodgings  in  the  city  calaboose  or  other  safe  place  of  con¬ 
finement,  and  shall  furnish  him  good,  wholesome  food,  for  which 
he  shall  be  allowed  twenty-five  (25)  cents  per  meal  to  be  paid  by  the 
city.  If  at  any  time  the  person  in  custody  should  want  to  pay  off 
balance  of  fine  and  costs  assessed  against  him,  it  shall  be  the  duty 
of  the  city  marshal  to  accept  the  same  and  release  such  person  from 
labor  or  confinement. 

Passed  the  5th  day  of  April  A.  D.  1897 

Approved  the  5th  day  of  April  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 


H.  B.  Capps,  City  Clerk 


50 


REVISED  ORDINANCES 


CHAPTER  XIV. 


FIRE  DEPARTMENT. 


Section  1. 
“  2. 
“  3. 

“  4. 

“  5 

“  6. 

“  7. 

“  8. 


Confirmation  of  chief  of  volunteer  firemen. 
Duties  of  chief  of  fire  department. 

By-standers  subject  to  the  order  of  the  chief. 
Breaking  apparatus. 

Driving  vehicle  over  hose. 

Throwing  water  on  persons,  etc.,  unnecessarily. 
Vehicles  obstructing  street  at  fire. 
Appropriation  for  volunteer  fire  company. 


Section  1.  Confirmation  of  chief  of  volunteer  firemen.  Be 
it  ordained  by  the  city  council  of  the  city  of  Mt.  Pulaski. 

That  any  volunteer  fire  company  or  association  organized  or  to  be 
organized  within  said  city  for  the  purpose  of  protecting  the  proper¬ 
ty  thereof  from  loss  by  fire,  and  whose  regularly  elected  chief  or 
captain  has  been  confirmed  by  the  city  council,  shall  become  the 
chief  of  the  fire  department  of  said  city.  Said  confirmation  of  chief 
or  captain  of  volunteer  fireman  shall  entitle  such  chief  or  captain  to 
such  authority  in  case  of  fire  as  may  be  necessary  for  the  efficient 
action  cf  said  company;  to  the  end  that  said  company  may  not  be 
hindered  in  the  performance  of  their  duties  by  outsiders,  the  chief 
may  appoint  such  of  his  subordinates  to  act  as  officers,  during  such 
times  as  the  company  may  be  at  work,  who  shall  assist  in  preserv¬ 
ing  order  and  protecting  the  property  of  the  company  as  well  as 
the  property  threatened  by  fire. 


Sec.  2.  Duties  of  chief  of  fire  department.  The  chief  of  the 
fire  department  shall  be  the  commanding  officer  of  the  department, 
subject  to  the  orders  of  the  mayor  and  also  the  city  council  when  in 
session.  He  shall  have  the  charge  of  the  fire  hydrants  of  the  city, 
and  the  general  care  and  custody  of  the  engines,  hose  carts,  trucks, 
hooks  and  ladders,  and  all  other  property  and  equipments  belong- 


OF  THE  CITY  OF  MT.  PULASKI. 


51 


ing  to  the  fire  department.  He  shall  attend  all  fires  occurring 
within  the  city  and  take  command  of  the  organization  and  shall  see 
that  the  several  members  of  the  fire  department  faithfully  perform 
their  respective  duties.  With  the  concurrence  of  the  mayor,  he 
may  order  the  tearing  down  and  removal  of  any  building,  or  may 
direct  the  blowing  up  of  any  building,  when  in  either  case,  it  shall 
be  deemed  absolutely  necessary  to  check  the  progress  of  any  fire. 
At  the  close  of  each  fiscal  yea**  he  shall  make  a  written  report  to 
the  city  council  showing  the  condition  of  the  department  under  his 
charge  and  a  complete  statement  of  all  its  transactions  during  the 
current  year. 

Sec.  3.  Bystanders  subject  to  the  order  of  the  chief.  Every 

person  above  the  age  of  eighteen  years  present  at  any  fire  in  the 
city,  shall  be  subject  to  the  orders  of  the  chief  of  the  fire  depart¬ 
ment  in  extinguishing  the  fire  and  in  removing  and  protecting 
property,  and  in  case  any  person  shall  neglect  or  refuse  to  obey 
such  orders,  he  shall  be  liable  to  a  fine  of  not  more  than  twenty  dol¬ 
lars  for  each  offense:  Provided,  That  no  person  not  a  member  of 
the  fire  department  shall  be  bound  to  obey  the  orders  of  the  chief  of 
the  fire  department,  unless  such  chief  shall  wear  his  badge  of  office 
or  his  official  character  shall  otherwise  be  known  or  made  known  to 
such  person. 

Sec.  4.  Breaking  apparatus.  Whoever  shall  wilfully  break, 
deface  or  destroy  or  otherwise  injure  any  fire  apparatus  belonging 
to  the  city,  shall  be  subject  to  a  penalty  of  not  less  than  twenty- 
five  dollars  and  not  exceeding  one  hundred  dollars,  and  in  addition 
thereto,  the  expenses  that  may  be  incurred  in  repairing  the  injuries 
committed,  shall  be  added  to  the  penalty  and  form  a  part  thereof. 

Sec.  5.  Driving  vehicle  over  hose.  Whoever  shall  drive  any 
vehicle  over  any  hose  of  the  fire  department  laid  for  use  upon  any 
street,  alley  or  public  ground,  except  at  a  point  where  such  hose  is 
protected  by  wooden  railings  laid  along  side  thereof,  or  otherwise, 
shall  be  fined  not  less  than  three  dollars  nor  more  than  fifty  dollars. 

Sec.  6.  Throwing  water  on  persons ,  etc.,  unnecessarily. 
Whoever  shall  wilfully  or  unnecessarily  throw  any  stream  of  water 
from  any  fire  hose  upon  any  person  or  property  whether  at  a  fire  or 
drill  of  the  department,  or  in  the  test  of  any  portion  of  the  water 
works  of  the  city,  shall  be  fined  not  less  than  three  dollars  nor  more 
than  fifty  dollars. 


52 


REVISED  ORDINANCES 


Sec.  7.  Vehicles  obstructing  street  at  fire.  Whoever  shall 
stop  with  any  wagon,  carriage  or  other  vehicle  in  the  street  at  any 
point  in  the  vicinity  of  a  fire  so  as  to  obstruct  or  blockade  any 
street  or  alley,  shall  be  deemed  guilty  of  a  misdemeanor  and  on 
conviction  thereof  shall  be  fined  not  less  than  three  dollars  nor 
more  than  fifty  dollars. 

Sec.  8.  Appropriation  for  volunteer  company.  The  city 
council  shall  annually  make  such  appropriation  for  the  volunteer 
fire  company,  whose  report  has  been  made  as  provided  in  the  second 
section  of  this  chapter,  or  upon  demand  by  resolution  of  city  coun¬ 
cil,  as  the  necessities  of  such  company  may  require  and  the  condi¬ 
tion  of  the  city  treasury  will  permit. 

Passed  the  5th  day  of  April,  A.  D.  1897. 

Approved  the  5th  day  of  April  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

.Attest: 

H.  B.  Capps,  City  Clerk. 


OF  THE  CITY  OF  JIT.  PULASKI. 


53 


CHAPTER  XV. 


Section  1. 


£  £ 

2. 

£  £ 

3. 

£  £  ‘ 

4. 

£  £ 

5. 

£  £ 

6. 

£  £ 

7. 

£  £ 

8. 

£  £ 

9. 

£  £ 

10. 

£  £ 

11. 

£  £ 

12 

£  £ 

13. 

£  £ 

14. 

1  £ 

15. 

£  £ 

16. 

£  £ 

17. 

£  £ 

18. 

£  £ 

19. 

£  £ 

20. 

£  £ 

21. 

£  £ 

22. 

£  £ 

23. 

£  £ 

24. 

£  £ 

25. 

£  £ 

26. 

£  £ 

27. 

FIRE  LIMITS. 

Boundary  of  fire  limits. 

Character  of  buildings  in  fire  limits. 

No  wooden  buildings  allowed  in  fire  limits. 
Construction  of  outside  walls. 

Roofs,  gutters,-  etc. 

Wooden  buildings  declared  a  nuisance — Abatement. 
Damaged  buildings  to  be  removed. 

Procedure  for  condemnation  of  building. 

Removal  of  damaged  buildings — Penalty. 

No  lumber  yards  in  fire  limits. 

Keeping  lumber  in  fire  limits. 

Stacking  of  lumber,  etc. 

Depositing  ashes,  garbage,  etc. 

City  marshal  to  inspect. 

Building  permits. 

Plans  and  specifications. 

Bond  to  be  given. 

Penalties. 

Chimneys. 

Stoves,  stove-pipes,  etc. 

Stoves  in  shops. 

City  marshal  to  inspect  buildings. 

Penalty  for  violating  ordinances. 

Combustible  roof. 

Wooden  buildings  defined. 

Stacking  of  hay,  etc.  in  fire  limits  prohibited. 

Use  of  candles  and  lamps. 


Section  1.  Boundary  of  fire  limits.  Be  it  ordained  by  the 
city  council  of  the  city  of  Alt.  Pulaski:  That  all  that  portion  of 
the  city  of  Mt.  Pulaski;  embraced  within  the  following  limits,  shall 
be  known  as  the  “Fire  Limits,”  towit:  Lot  one,  in  block  thirty- 
one,.  lots  one,  two,  three,  four,  five,  six  and  seven,  and  twenty  feet 


54 


REVISED  ORDINANCES 


off  of  the  south  side  of  lots  eight  and  thirteen,  all  in  block  twenty- 
four.  Lot  ten  in  block  thirteen.  Lots  six.  seven,  eight,  nine,  ten, 
eleven  and  twelve,  and  forty  feet  off  of  the  east  end  of  lots  one, 
two,  three,  four  and  five,  all  in  block  fourteen.  Lots  six,  seven, 
eight  and  nine  and  forty  feet  off  of  the  east  end  of  lots  two,  three, 
four  and  five  all  in  block  fifteen.  Lots  two,  three,  four,  five,  six, 
seven,  eight,  nine,  ten  and  eleven  and  forty  feet  off  of  the  west  end 
of  lots  twelve  and  thirteen  all  in  block  twenty- two.  Lot  five  in 
block  thirty-three.  And  lots  one,  two,  three,  four,  five,  six  and 
seven  and  forty  feet  off  of  the  west  end  of  lots  eight,  nine,  ten, 
eleven  and  twelve  all  in  block  thirty-two. 

Sec.  2.  Character  of  buildings  in  fire  limits.  No  building  or 
part  of  any  building  shall  hereafter  be  erected  in  the  aforesaid  lim¬ 
its  except  as  hereinafter  provided,  unless  all  the  outside  walls  and 
party  walls  thereof  shall  be  built  of  brick,  stone  or  fire-proof  mate¬ 
rial,  under  a  penalty  to  the  owner  or  builder  of  such  building  of  not 
less  than  twenty-five  dollars,  nor  more  than  two  hundred  dollars, 
for  each  offense,  and  the  further  penalty  of  twenty-five  dollars,  for 
each  day  after  the  first  conviction  that  such  offense  may  be  con¬ 
tinued.  Provided,  That  nothing  herein  shall  authorize  the  use  of 
iron  or  steel  whether  corrugated  or  in  sheet  form  in  the  construc¬ 
tion  of  such  walls. 

Sec.  3.  No  wooden  buildings  allowed  in  fire  limits.  No 
wooden  building  or  part  of  building  within  the  fire  limits  prescribed 
in  section  one  of  this  ordinance,  shall  be  raised,  enlarged  or  repair¬ 
ed  or  moved  from  one  place  to  another  within  the  fire  limits,  nor 
shall  any  wooden  building  be  removed  from  without  the  fire  limits 
into  said  fire  limits,  except  as  herein  specified:  Provided,  That 
the  owners  or  occupants  of  buildings  within  the  fire  limits,  shall 
have  the  right  to  raise  wooden  buildings  to  the  established  grade, 
also  to  build  basements  or  cellars  of  brick  or  stone  under  the  build¬ 
ing;  so  raised  to  grade;  also  to  raise  a  cottage  or  dwelling  which  does 
not  exceed  one  story  in  height,  sufficiently  high  to  place  thereun¬ 
der  a  brick  or  stone  wall  basement  not  exceeding  twelve  (12)  feet  in 
height  above  the  established  grade;  and  also  to  raise  any  two  story 
building  not  exceeding  three  feet  in  height  above  the  established 
grade;  Provided,  That  no  wooden  building  that  may  hereafter  be 
damaged  to  the  extent  of  fifty  per  cent  of  the  value  thereof,  shall  be 
repaired  or  rebuilt  within  the  said  fire  limits;  nor  shall  any  such 


OF  THE  CITY  OF  MT.  PULASKI. 


55 


building  when  the  damage  is  less  than  fifty  per  cent  of  its  value  be 
so  repaired  as  to  be  raised  higher  than  the  highest  point  left  standing- 
after  such  damage  shall  have  occurred,  or  so  as  to  occupy  a  greater 
space  than  before  the  injury  thereto. 

Sec.  4.  Construction  of  outside  walls.  All  outside,  end  and 
party  walls  of  any  brick,  stone  or  fire-proof  building  hereafter 
erected  within  said  fire  limits,  shall  extend  above  the  roof  of  such 
building,  at  least  ten  inches;  and  the  sheeting  of  the  roof  shall  not 
extend  across  the  fire  wall  of  any  such  building.  All  wooden  joists 
or  timbers  placed  in  the  outside  or  party  walls  of  any  such  build¬ 
ing,  shall  be  separated  from  each  other  at  least  four  inches  by  brick 
or  stone  well  laid  in  mortar. 

All  wooden  lintels,  door  or  window  frames,  placed  in  the  front, 
rear  or  side  walls  thereof,  shall  recede  from  the  outside  of  the  wall 
at  least  four  inches;  or  when  they  do  not  so  recede,  shall  be  covered 
with  fire  proof  material. 

Sec.  5.  Roofs ,  gutters ,  etc.  All  roofs  and  gutters  hereafter 
placed  upon  any  brick,  stone  or  other  fire  proof  building  erected,  or 
which  may  hereafter  be  erected  within  the  fire  limits,  shall  be  cov¬ 
ered  on  the  outside  surface,  with  tin,  zinc,  iron,  slate  or  other  fire 
proof  material,  and  all  cornices  attached  to  any  such  building  shall 
be  of  zinc  or  galvanized  iron;  or  if  of  wmod  shall  be  covered  with  fire 
proof  material,  and  shall  be  separated  from  the  wooden  cornices,  or 
other  wooden  part  or  adjoining  building  by  a  brick  or  stone  parti¬ 
tion  at  least  four  inches  thick.  And  none  of  the  outer  timbers  or 
wood  work  of  any  such  building  shall  be  connected  with  any  of  the 
interior  timbers  or  wood  work  thereof. 

Whoever  violates  or  fails  to  comply  with  any  of  the  above  provis¬ 
ions  of  this  section,  or  the  next  preceding  section  of  this  chapter, 
shall  forfeit  and  pay  a  fine  of  not  less  than  twenty  dollars,  nor  more 
than  one  hundred  dollars  for  each  offense. 

Sec.  6.  Wooden  buildings  declared  a  nuisance— Abatement. 

Any  wooden  building  which  may  be  erected,  placed  or  repaired 
within  said  fire  limits  contrary  to  the  provisions  of  this  ordinance  is 
hereby  declared  to  be  a  nuisance,  and  it  is  hereby  made  the  duty  of 
the  mayor  to  notify  in  writing  the  owner,  occupant  or  builder  of 
any  wooden  building  erected,  placed  or  repaired  within  said  fire 
limits  contrary  to  the  provisions  of  this  chapter,  to  abate  such 
nuisance  within  forty-eight  hours  from  the  service  of  such  notice. 


56 


REVISED  ORDINANCES 


and  in  case  such  owner,  occupant  or  builder  shall  fail  to  abate  such 
nuisance  within  the  time  specified  in  such  notice,  it  is  hereby  made 
the  further  duty  of  said  mayor  to  cause  such  nuisance  to  be  abated 
by  razing  such  wooden  building  to  the  ground. 

Sec.  7.  Damaged  buildings  to  be  removed.  When  any  wood¬ 
en  building  within  said  fire  limits  shall  have  been  damaged  by  fire, 
decay  or  otherwise,  to  the  extent  of  fifty  per  cent  of  the  orignal 
value  of  the  same,  such  building  shall  be  torn  down  or  removed  be¬ 
yond  said  fire  limits,  after  the  extent  of  the  damages  thereto  caused 
as  aforesaid  has  been  ascertained  in  the  manner  hereinafter  pro¬ 
vided. 

Sec.  8.  Procedure  for  condemnation  of  building.  Whenever 
any  member  of  the  city  council,  policeman,  member  of  the  fire  de¬ 
partment  or  citizen  shall  make  complaint  in  writing  to  the  police 
magistrate  that  any  wooden  building  within  such  fire  limits  has 
been  damaged  by  fire,  decay  or  otherwise  to  the  extent  of  fifty  per 
cent  of  its  original  value,  describing  the  property  and  giving  the 
owner’s  name,  such  magistrate  shall  issue  a  notice  to  such  owner, 
embodying  the  substance  of  such  complaint,  commanding  such  own¬ 
er  to  appear  before  such  magistrate  at  a  time  therein  specified  not 
less  than  five  nor  more  than  ten  days  from  the  date  of  such  notice 
and  at  the  time  and  place  fixed  in  such  notice:  Provided,  That  the 
return  of  such  notice  shall  show  that  such  owner  had  been 
served  with  said  notice  by  reading  or  by  leaving  a  copy  at  the  resi¬ 
dence  of  such  owner  three  days  before  the  time  fixed  for  the  hear¬ 
ing;  such  police  magistrate  shall  impanel  a  jury  or  twelve  disinter¬ 
ested  free  holders  of  the  city,  who  after  being  duly  sworn,  fairly 
and  impartially  to  ascertain  if  the  building  in  issue  shall  have  been 
damaged  by  fire,  decay  or  otherwise,  to  the  extent  of  fifty  per  cent 
of  its  original  value,  hear  the  evidence  and  view  the  building 
at  issue,  and  hearing  the  argument  of  counsel,  and  bring 
in  a  verdict  according  to  the  facts  and  evidence;  and  in  case 
the  jury  find  a  verdict  that  such  building  has  been  damaged  by  fire, 
decay  or  otherwise,  to  the  extent  of  fifty  per  cent  of  its  original 
value,  the  police  magistrate  shall  record  a  judgment  and  direct 
such  owner  to  remove  from  the  fire  limits  aforesaid,  or  tear  down, 
such  building  within  thirty  days  from  the  entry  of  such  order;  and 
in  case  of  the  default  of  such  owner  in  removing  or  tearing  down 
.such  building  within  the  said  thirty  days,  that  the  city  marshal  of 


OF  THE  CITY  OF  MT.  PULASKI. 


57 


the  city  shall  remove  or  tear  down  such  building;  the  cost  or  ex¬ 
pense  of  which  removal  or  tearing  down  shall  be  charged  to  such 
owner,  and  if  not  paid  by  such  owner,  the  same  shall  be  collected 
by  suit  in  the  name  of  said  city  against  such  owner.  At  the  im¬ 
paneling  of  such  jury  the  said  owner  and  the  prosecutor  shall  have 
a  right  to  three  peremptory  challenges  each,  and  to  challenge  any 
juror  for  prejudice,  interest  or  any  other  just  cause. 

In  case  the  owner  of  any  such  building  shall  be  a  non-resident  of 
this  county,  it  shall  be  sufficient  to  serve  the  notice,  hereinbefore 
provided  for*,  upon  the  tenant,  or  the  person  in  possession  of  said 
building,  by  delivering  a  true  copy  of  such  notice  to  him  not  less 
than  seven  days  before  the  day  set  for  such  hearing. 

Sec.  9.  Removal  of  damaged  buildings— Penalty.  When¬ 
ever  any  building  lias  been  ordered  to  be  torn  down  or  removed  in 
accordance  with  the  provisions  of  sections  seven  and  eight  of  this 
chapter,  and  the  owner  thereof  refuses,  neglects  or  fails  to  tear 
down  or  remove  the  same  within  thirty  days  from  the  date  of  the 
entry  of  such  order  upon  the  docket  of  the  magistrate,  then  such 
person  shall  be  fined  not  less  than  twenty  dollars  for  each  and  every 
day  or  part  of  a  day  that  such  owner  may  permit  or  suffer  such 
building  to  remain  after  the  expiration  of  the  time  within  which 
such  building  was  ordered  and  adjudged  to  be  torn  down  or  re¬ 
moved. 

Sec.  10.  No  lumber  yards  in  fire  limits.  No  lumber  yard 
shall  hereafter  be  opened  or  established  within  the  fire  limits  of  said 
city,  under  a  penally  to  the  person  or  persons  offending  of  not  less 
than  one  hundred  dollars,  or  more  than  two  hundred  dollars,  and  a 
further  penalty  of  twenty-five  dollars  for  every  day  after  the  first 
conviction  that  the  same  may  be  continued. 

Sec.  11.  Keeping  lumber  ill  fire  limits.  No  carpenter,  build¬ 
er  or  other  person  shall  keep  on  hand  within  the  fire  limits,  for 
manufacturing  or  building  purposes,  more  than  four  thousand  (4000) 
feet  of  lumber  at  one  time,  under  a  penalty  of  not  less  than  ten  (10) 
dollars,  nor  more  than  one  hundred  (100)  dollars,  for  each  and  every 
offense. 

Sec.  12.  Stacking  Of  lumber ,  etc.  All  persons  having  or 
keeping  lumber  on  hand,  within  the  fire  limits  in  said  city,  shall 
keep  the  same  stacked  or  piled  up  in  compact  piles,  not  to  exceed 
twelve  feet  in -height;  and  shall  not  permit  shavings,  straw  or  other 


58 


REVISED  ORDINANCES 


light  combustible  materials  to  be  deposited  or  scattered  around  or 
near  the  same,  under  a  penalty  in  each  case,  of  not  less  than  five 
dollars,  nor  more  than  fifty  (50)  dollars. 

Sec.  13  Depositing  ashes,  garbage,  etc.  Every  owner  or  occu¬ 
pant  of  any  building  or  premises  within  the  fire  limits,  shall  provide 
and  keep  at  the  rear  of  such  building  or  premises,  a  suitable  sheet- 
iron  box,  or  other  metallic  vessel,  in  which  to  deposit  all  ashes,  and 
also  one  or  more  boxes  or  barrels  for  the  reception  of  offal,  garbage 
and  rubbage  that  may  be  accumulated  about  such  premises,  so  that 
the  same  shall  not  be  thrown  or  deposited  in  or  upon  any  improved 
street  or  alley  adjacent  thereto,  under  a  penalty  of  one  (1)  dollar  for 
every  day  that  such  owner  or  occupant  shall  fail  to  comply  with  the 
requirements  ot‘  this  section,  after  notice  to  do  so  by  the  street 
commissioner  or  any  police  officer  of  said  city. 

Sec.  14.  City  marshal  to  inspect.  It  is  hereby  made  the  duty 
of  the  city  marshal  to  inspect  and  examine,  from  time  to  time  all 
buildings  or  enclosures  in  process  of  erection,  construction,  altera¬ 
tion,  repair  or  removal  within  the  fire  limits  of  aforesaid  city,  and 
to  enforce  or  cause  to  be  enforced  the  provisions  of  this  ordinance 
in  relation  thereto. 

Sec.  15.  Building  permits.  No  person  shall  hereafter  erect 
any  new  building,  nor  add  to  nor  alter  any  building  already  erected 
within  the  fire  limits  of  said  city,  without  first  obtaining  a  permit 
therefor  in  the  manner  hereinafter  prescribed:  Provided,  that  no 
permit  shall  be  required  for  making  ordinary  repairs  either  internal 
or  external,  which  do  not  increase  the  size  of  such  building  or  alter 
its  condition  as  a  fire  risk. 

Sec.  16.  Plans  and  specifications.  Any  person  desiring  to 
erect  any  new  building  or  addition,  or  to  alter  or  change  any  such 
existing  building,  shall  file  with  the  city  clerk,  an  application  in 
writing,  addressed  to  the  mayor  stating  the  dimensions  of  such 
proposed  building  or  addition;  or  if  alteration,  the  nature  and  ex¬ 
tent  thereof,  the  lot,  block  and  locality  of  where  such  building  is,  or 
is  to  be  located,  the  general  plan  of  construction,  the  materials  to 
be  used  therein,  and  the  purpose  for  which  such  building  is  to  be 
used. 

If  the  mayor  shall  find  upon  examination  that  the  proposed  build¬ 
ing,  addition  or  alteration  conforms  to  the  ordinances  in  force  at 
the  time,  he  shall  indorse  his  approval  upon  such  application  and 


OF  THE  CITY  OF  MT.  PULASKI. 


59 


the  clerk  shall  thereupon  issue  a  permit  to  said  applicant,  under 
the  corporate  seal,  upon  his  giving  bond  as  hereinafter  provided. 

Sec.  17.  Bond  to  be  given.  Before  any  permit  shall  be  issued 
as  aforesaid,  the  applicant  therefor  shall  execute  and  file  with  the 
city  clerk  a  bond  to  the  city  of  Mt.  Pulaski,  in  such  reasonable  sum 
as  m  iy  be  fixed  by  the  mayor,  with  at  least  two  good  sureties  to  be 
approved  by  him,  conditioned  that  said  applicant  shall  pay  any  and 
all  damages  that  may  be  recovered  against  the  city  by  any  person 
or  persons  on  account  of  any  injuries  to  person  or  property  occas¬ 
ioned  by  or  in  any  manner  resulting  from  the  obstructing  occupan¬ 
cy,  or  disturbance  of  any  street,  alley  or  sidewalk  in  said  city,  for 
the  purpose  of,  or  in  connection  with  the  erection  of  such  building, 
addition  or  alteration  by  the  person  engaged  therein,  or  by  any 
person  or  persons  in  his  employ,  and  also  to  save  and  keep  the  said 
city  free  from  all  such  damages  and  cost  as  may  be  incurred  in  de¬ 
fending*  ag*ainst  such  claims. 

Sec.  18.  Penalties.  Any  proprietor,  contractor  or  any  person 
who  shall  own,  build  or  aid  in  the  erection  of  any  building,  or  part 
of  a  building,  or  in  the  alteration  of  any  building  within  said  fire 
limits,  without  having  procured  a  permit  therefor,  and  given  bond, 
as  provided  in  the  foregoing  sections  of  this  chapter,  shall,  upon 
conviction,  be  fined  not  less  than  ten  (10)  dollars,  nor  more  than 
one  hundred  (100)  dollars,  for  each  offense,  and  be  subject  to  a  fur¬ 
ther  fine  of  ten  (10)  dollars  for  every  day  he  or  they  shall  fail  to 
comply  with  the  requirements  of  this  chapter,  or  shall  continue  in 
violation  thereof. 

Sec.  19.  Chimneys.  All  chimneys  or  flues  in  or  about  any 
building  or  manufactory  within  the  said  fire  limits  shall  be  built  up 
from  the  ground  and  smoothly  plastered  on  the  inside  thereof  with 
good  mortar  or  cement,  and  shall  be  so  constructed  as  to  settle  with 
the  rest  of  the  building,  and  not  liable  to  crack  or  separate  with  the 
settling  thereof.  The  holes  for  the  insertion  of  stove-pipes  shall  be 
made  with  an  iron,  stone  or  earthenware  thimble  or  casing  inserted 
in  the  chimneys  or  flue;  and  when  the  chimney  or  flue  shall  be  used, 
the  holes  unless  also  in  use,  shall  be  securely  stopped  with  a  tin, 
zinc  or  iron  stopper,  having  a  flange  of  at  least  one  inch  on  the  out¬ 
side  of  the  flue. 

Whoever  shall  erect  or  build  any  chimney  or  flue  contrary  to  any 
requirements  of  this  section,  shall,  on  conviction,  be  fined  not  less 


60 


REVISED  ORDINANCES 


i 

than  (5)  dollars,  nor  more  than  twenty-five  (25)  dollars,  for  each  of¬ 
fense,  and  be  subject  to  a  further  fine  of  two  (2)  dollars  for  every 
day  thereafter  that  he  shall  fail  or  refuse  to  comply  with  the  re¬ 
quirements  thereof. 

Sec.  20.  Stoves,  Stove-pipes,  etc.  All  stove-pipes  used  in  any 
building  in  said  city  shall  be  put  up  securely,  and  shall  lead  to  and 
be  closely  fitted  in  a  brick  or  stone  chimney  or  flue.  If  any  stove¬ 
pipe  shall  lead  to  a  wall  it  shall  be  separated  at  least  three  inches 
from  any  wood  or  combustible  material,  by  a  double  circle  of  tin, 
zinc  or  sheet-iron,  connected  with  light  metal  with  holes  through 
the  connecting  metal  between  the  pipe  and  wood,  or  shall  otherwise 
be  suitably  protected  from  damage  by  fire. 

All  stoves  set  up  and  used  without  secure  aprons,  or  hearths, 
shall  be  placed  upon  a  platform  of  brick,  zinc  or  other  incombustible 
material,  extending  out  from  the  stove  far  enough  to  prevent  the 
fire  from  falling  upon  the  floor,  and  if  set  within  twelve  inches  of 
the  wood  work  of  any  wall,  the  wall  shall  be  protected  by  a  tin, 
zinc,  or  other  incumbustible  covering.  Any  person  who  shall  put 
up  or  use  any  stove  or  stove  pipe  contrary  to  the  provisions  of  this 
section  shall  be  subject  to  a  penalty  of  not  less  than  three  (3)  dollars 
or  more  than  ten  (10)  dollars  for  each  offense,  and  to  a  further  pen¬ 
alty  of  one  dollar  for  every  day  after  the  first  conviction,  that  he 
shall  fail  to  comply  with  the  requirments  hereof. 

Sec.  21.  Stoves  ill  shops.  All  mechanics,  carpenters  or  other 
persons  using  or  occupying  shops  within  the  city  where  shavings  or 
other  light  combustible  materials  are  made  or  accumulated,  shall 
clear  out  and  remove  such  combustible  materials  from  their  shops 
or  buildings  and  the  premises  adjacent  thereto,  as  often  as  may  be 
necessary  to  prevent  the  dangerous  accumulation  thereof.  The 
stove  used  in  any  such  shop  or  building  shall  be  set  in  a  box  or 
frame  extending  at  least  six  inches  above  the  floor  and  at  least  ten 

i 

inches  out  and  around  the  stove  and  filled  or  lined  with  fire  proof 
material. 

The  pipe  of  such  stove  shall  be  carefully  put  up  in  the  manner 
hereinbefore  described;  and  all  lighted  candles  or  lamps  used  in  any 
such  shops  or  buildings  shall  be  set  in  suitable  stands  and  kept  at  a 
secure  distance  from  any  combustible  materials. 

Whoever  shall  fail  to  comply  with  or  shall  violate  any  provision 
of  this  section,  shall  for  each  offense  be  subject  to  a  penalty  of  not 


OF  THE  CITY  OF  MT.  PULASKI. 


61 


less  than  three  (3)  dollars,  nor  more  than  twenty-five  (25)  dollars. 

Sec.  22.  City  marshal  to  inspect  buildings.  The  city  mar¬ 
shal  is  hereby  authorized  and  required,  from  time  to  time  to  enter 
and  inspect  all  buildings  within  the  fire  limits  of  said  city,  and  ex¬ 
amine  whether  they  are  in  safe  condition;  and  whenever  requested 
by  the  owner  or  occupant  of  any  building  or  premises,  he  shall 
carefully  inspect  the  same,  or  any  contiguous  building  or  inclosure, 
and  shall  notify  or  require  the  owner  or  occupant  thereof  to  cause 
any  chimney,  flue,  furnace,  stove,  stovepipe,  ash-house  or  any  place 
where  fire  may  be  kept  or  used  which  may  be  deemed  unsafe  or 
dangerous  in  causing  or  promoting  fires,  to  be  without  delay  re¬ 
moved,  abated  or  put  in  a  safe  condition,  and  upon  the  neglect  or  re¬ 
fusal  of  such  owner,  agent  or  occupant  to  comply  with  such  notice, 
he  shall  be  subject  to  a  penalty  of  not  less  than  three  (3)  dollars, 
nor  more  than  fifty  (50)  dollars,  and  each  day  of  such  neglect  or  re¬ 
fusal  shall  constitute  a  separate  offense.  And  said  city  marshal 
shall  without  delay,  cause  such  building  or  premises  to  be  put  in 
safe  condition ;  and  the  necessary  cost  or  expense  thereof  shall  be 
collected  from  such  owner,  agent  or  occupant  liable  therefor,  and 
recovered  by  suit  in  the  name  of  the  corporation  before  any  court 
having  jurisdiction. 

Sec.  23.  Penalty  for  violating  ordinances.  Any  owner, 
builder  or  other  person  who  shall  own,  build  or  aid  in  the  erection 
of  any  building  or  part  of  a  building  within  said  limits,  contrary  to, 
or  in  any  other  manner  than  authorized  by  the  provisions  of  this 
ordinance,  or  shall  remove  or  assist  to  remove  any  wooden  building 
within  said  limits,  from  one  place  to  another  therein,  or  who  shall 
remove  or  assist  in  removing  any  such  building  from  without  said 
limits  into  the  same,  or  repair  or  assist  to  repair  any  damaged 
building  contrary  in  either  case  to  any  provisions  of  this  chapter, 
shall  be  subject  to  a  fine  of  not  less  than  twenty-five  (25)  dollars, 
and  not  exceeding  two  hundred  (200)  dollars,  in  the  discretion  of 
the  court,  for  the  first  offense,  and  a  like  fine  for  every  forty-eight 
hours  such  person  shall  fail  to  comply  with  the  provisions  of  this  or¬ 
dinance,  or  continue  in  the  violation  thereof. 

Sec.  24.  Combustible  roof.  No  building  which  shall  hereafter 
be  erected  in  the  fire  limits,  as  in  section  1  described,  shall  be  cov¬ 
ered  with  shingle,  wooden  or  other  combustible  roof. 

Seo.  25.  Wooden  buildings  defined.  The  term  “wooden  build- 


62 


REVISED  ORDINANCES 


ing,  ”  used  in  this  chapter  of  this  ordinance,  shall  be  understood  to 
embrace  and  mean  all  buildings,  tenements,  houses,  outhouses, 
stables,  sheds  and  structures  of  every  description,  the  outer  walls 
of  which  are  in  whole  or  in  part  constructed  or  built  of  wood,  wheth¬ 
er  the  roof  of  the  same  shall  rest  upon  the  walls  thereof,  or  upon 
wooden,  iron,  brick  or  stone  upright  posts  or  pillars,  and  that  all 
sheds  or  other  constructures,  the  roofs  of  which  shall  be  supported 
directly  or  indirectly  by  wooden  posts  or  other  fixtures,  with  roofs 
made  in  whole  or  in  part  of  wood,  be  the  same  inclosed  or  not,  are 
hereby  declared  to  be  in  the  meaning  of  the  term  “wooden  build¬ 
ings”  as  used  in  this  chapter  of  this  ordinance.  Provided,  That 
privies,  coal  houses  and  cob  houses  designed  and  used  exclusively  as 
such,  do  not  come  within  the  provisions  of  this  ordinance. 

sec.  26.  Stacking  of  hay,  etc.,  in  the  fire  limits  prohibited. 

It  shall  not  be  lawful  for  any  person  to  stack  any  hay  or  other  com¬ 
bustible  materials  on  any  lot  or  part  of  a  lot  within  the  fire  limits  as 
designated  in  section  one  of  this  chapter. 

Sec.  27.  Use  of  candles  and  lamps.  No  lighted  lamp  or  can¬ 
dle  shall  be  used  in  any  stable,  barn  or  other  place  or  building 
where  hay,  straw  or  other  combustible  material  may  be  kept,  unless 
the  same  shall  be  well  secured  in  a  lantern.  Any  person  violating 
any  of  the  provisions  of  sections  24,  26  and  27  of  this  chapter,  shall 
forfeit  and  pay  the  sum  of  not  less  than  three  (3)  dollars  nor  more 
than  one  hundred  (100)  dollars  for  each  offense. 

Passed  the  5th  day  of  April,  A.  D.  1897. 

Approved  the  5th  day  of  April  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 

H.  B.  Capps,  City  Clerk. 


OF  THE  CITY  OF  MT.  PULASKI. 


(5 


*  > 
♦  > 


CHAPTER  XVI. 

HEALTH  DEPARTMENT. 


Section  1. 


4  c 

9 

•J  . 

4 ; 

3. 

4 : 

4. 

4  4 

5. 

4  4 

6. 

4  4 

7. 

4  % 

8. 

4  4 

9. 

4  4 

10. 

4  4 

11. 

4  4 

12. 

4  4 

13. 

4  4 

14. 

4  4 

15. 

4  4 

16. 

4  4 

17. 

Board  of  health. 

Appointment  of  commissioners — Oath. 

President  and  clerk. 

Meeting  of  board. 

General  duties. 

Orders  of  the  board  certified  and  executed. 

Orders — Penalty  for  violating. 

Hospital  nurses. 

Order  vaccination — Penalty. 

Removal  and  care  of  persons  with  contagious  diseases. 
Report  of  physicians. 

Small-pox  and  other  notices. 

Spreading  of  small-pox  and  other  infectious  diseases. 
Changing  wearing  apparel. 

Bringing  person  or  clothing  infected  into  the  city — 
Penalty. 

Removal  of  infected  clothing  from  city. 

Payment  of  expenses. 


Section  1.  Board  of  health.  Be  it  ordained  by  the  city 
council  Of  the  city  Of  Mt.  Pulaski:  That  there  is  hereby  estab¬ 
lished  a  department  of  the  municipal  government  of  the  city  of  Mt. 
Pulaski,  which  shall  be  known  as  the  “Health  Department,”  and 
shall  embrace  the  mayor,  city  clerk  and  three  commissioners. 

Sec.  2.  Appointment  of  commissioners— Oath.  It  shall  be 
the  duty  of  the  mayor  to  appoint,  by  and  with  the  advice  and  con¬ 
sent  of  the  city  council,  at  the  first  regular  meeting  of  the  city 
council  in  May,  1897,  and  annually  thereafter,  three  suitable  and 
competent  persons,  who,  together  with  the  mayor  and  city  clerk, 
shall  constitute  and  be  known  as  the  board  of  health  of  said  city, 


64 


REVISED  ORDINANCES 


and  shall  hold  their  respective  positions  for  the  term  of  one  year, 
and  until  their  successors  shall  be  appointed  and  qualified.  The 
persons  so  appointed  shall,  before  entering  upon  their  official  duties, 
take  the  oath  prescribed  by  the  law  for  city  officers. 

Sec.  3.  President  and  clerk.  The  mayor  shall  be  president  of 
the  board  of  health,  and,  in  case  of  his  temporary  absence  or  inabil¬ 
ity  to  serve,  the  board  may  choose  one  of  their  number  to  preside  at 
any  meeting  thereof. 

The  city  clerk  shall  be  clerk  of  said  board,  and  shall  keep  minutes 
of  their  proceedings  in  a  suitable  book  to  be  provided  by  the  city 
for  that  purpose. 

Sec.  4.  Meeting  Of  hoard.  The  board  of  health  shall  meet  and 
organize  as  soon  after  their  appointment  and  qualification  as  prac¬ 
ticable,  and  shall  meet  from  time  to  time  upon  call  of  the  mayor  or 
any  two  members  of  the  board.  The  city  marshal  shall,  when  re¬ 
quested,  give  notice  of  the  meetings  of  the  board  to  each  member 
thereof.  A  majority  of  the  board  shall  constitute  a  quorum  for  the 
transaction  of  business;  they  may  make  and  determine  the  rules  of 
their  own  proceedings,  and  such  other  rules  and  regulations  as  may 
be  necessary  for  the  execution  of  their  powers  and  duties. 

Sec.  5.  General  duties.  Said  board  shall  exercise  a  general 
supervision  over  the  public  health  of  the  city,  and  shall  make  dili¬ 
gent  examinations  into  all  matters  affecting  the  same.  They  shall 
cause  all  nuisances  to  be  abated  or  removed  which  they  may  deem 
prejudicial  or  obnoxious  to  the  public  health  or  comfort,  and  may 
make  such  sanitary  regulations  as  they  may  think  necessary  or  ex¬ 
pedient  to  prevent  the  introduction  or  spreading  of  any  contagious, 
malignant,  infectious  or  pestilential  disease. 

Sec.  6.  Orders  of  the  board  certified  and  executed.  The  or¬ 
ders  of  the  board  of  health  shall  be  duly  certified  by  the  city  clerk, 
and  the  mayor  shall  cause  the  same  to  be  executed  by  the  city  mar¬ 
shal  or  other  duly  appointed  officer  or  person. 

Sec.  7.  Orders — Penalty  for  violating.  All  orders  and  regu¬ 
lations  of  the  board  of  health  shall  be  obeyed  by  all  persons  in  the 
city;  said  board  may  order  the  abatement  of  any  nuisance,  existing 
contrary  to  any  city  ordinance,  which  may  be  prejudicial  to  the 
public  health.  Whoever  shall  neglect  or  refuse  to  obey  any  order 
of  said  board  as  herein  required,  shall,  for  every  such  offense,  be 


OF  TIIE  CITY  OF  MT.  PULASKI. 


65 


subject  to  a  penalty  of  not  less  than  five  dollars,  nor  more  than  one 
hundred  dollars. 

Sec.  8.  Hospital  nurses.  The  board  of  health  may,  when 
the  sanitary  condition  or  preservation  of  the  public  health  of  the 
city  shall  render  it  necessary,  establish  such  temporary  hospitals, 
and  provide  such  necessaries  therefor,  as  the  public  exigency  may 
require;  and  said  board  shall  be  authorized  to  employ  such  nurses 
and  assistants  for  such  hospital  or  hospitals  as  may  be  deemed 
necessary,  and  shall  see  that  all  persons,  so  employed  by  them, 
faithfully  perform  their  several  duties. 

Sec.  9.  Order  vaccination — Penalty.  The  board  of  health 
may  take  such  measures  as  they  may  from  time  to  time  deem  neces¬ 
sary  to  prevent  the  spread  of  small  pox,  by  issuing  an  order  re¬ 
quiring  all  persons  in  the  city,  or  any  part  thereof,  to  be  vaccinated 
within  such  time  as  they  shall  prescribe;  and  all  persons  refusing 
or  neglecting  to  obey  such  order,  shall  be  liable  to  a  fine  of  not  less 
than  five  dollars,  nor  more  than  twenty-five  dollars.  Provided, 
That  it  shall  be  the  duty  of  the  board  to  provide  for  the  vaccination 
of  such  persons  as  are  unable  to  pay  for  the  same,  at  the  expense  of 
the  city. 

Sec.  10.  Removal  and  care  of  persons  with  contagious  dis¬ 
eases.  It  shall  be  the  duty  of  the  board  of  health  to  visit  and  ex¬ 
amine,  or  cause  the  same  to  be  done  by  a  competent  person,  all  sick 
persons  who  shall  be  reported  to  them  as  laboring  or  supposed  to  be 
laboring  under  any  contagious,  malignant,  infectious  or  pestilen¬ 
tial  disease,  and  said  board  may  cause  any  person  within  the  city 
having  any  contagious,  infectious  or  pestilential  disease,  to  be  re¬ 
moved  to  some  safe  and  proper  place  within  or  without  the  corporate 
limits,  where  danger  from  contagion  will  be  avoided;  and  shall  pro¬ 
vide  suitable  medical  and  other  attendance  for  such  person,  at  his  or 
her  own  expense  if  able  to  pay  the  same,  and  if  not,  at  the  expense 
of  the  city.  Provided,  That  if  any  such  person,  being  a  resident  of 
the  city,  shall  refuse  to  be  removed,  or  if  his  condition  be  such  that 
in  the  opinion  of  the  attending  physician  removal  would  be  attended 
with  danger  to  his  life,  then  such  measures  shall  be  taken  by  the 
board  as  may  be  deemed  most  advisable  to  prevent  the  spreading  of 
the  pestilence.  In  case  of  the  death  of  any  such  person,  the  said 
board  shall  direct  the  manner  of  interment. 


66 


REVISED  ORDINANCES 


Sec.  11.  Report  Of  physicians.  Every  practicing  physician  of 
the  city  of  Mt,  Pulaski,  who  shall  have  any  patient  therein  laboring 
under  contagious,  infectious  or  pestilential  disease,  shall  forthwith 
make  report  thereof  in  writing  to  some  member  of  the  board  of 
health,  stating  the  name  of  the  patient,  the  nature  of  the  disease 
and  describing  the  locality  of  such  patient,  so  that  he  may  easily  be 
found;  and  for  any  neglect  or  failure  to  so  report,  such  physician 
shall  incur  a  penalty  of  not  less  than  ten  dollars,  nor  more  than 
fifty  dollars. 

Sec.  12.  Small-pOX  and  Other  notices.  If  any  person  in  the 
city  shall  have  the  small-pox  or  other  like  malignant  and  infectious 
disease,  the  board  of  health  shall  upon  information  thereof,  cause 
notice  with  the  words  “small-pox  here,”  or  as  the  case  may  be,  in 
large  letters  to  be  posted  in  some  conspicuous  place  on  the  house  or 
premises  occupied  by  such  person,  and  it  shall  be  the  duty  of  such 
occupant  or  occupants  of  such  house  to  keep  such  notice  so  posted 
as  long  as  directed  by  said  board,  under  a  penalty  of  not  less  than 
five  dollars,  nor  more  than  fifty  dollars. 

Sec.  13.  Spreading  of  small-pox  and  other  infectious  dis¬ 
eases.  Any  person  having  or  having  had  the  small-pox  or  other 
infectious  or  malignant  disease,  who  shall  go  about  in  any  street  or 
public  place,  while  in  danger  of  communicating  the  disease  toothers 
shall  be  subject  to  a  penalty  of  not  less  than  ten  dollars,  nor  more 
than  one  hundred  dollars:  Provided,  That  this  section  shall  not 
apply  to  cases  where  such  persons  shall  have  consulted  and  obtained 
from  the  board  of  health  a  written  certificate  that  there  is  no  dan¬ 
ger  of  his  communicating  the  disease  to  others. 

Sec.  14.  Changing  wearing  apparel.  Any  physician,  nurse 
or  servant  attending  or  being  about  any  person  having  the  small¬ 
pox,  or  like  infectious  or  contagious  disease,  who  shall  not  change 
or  purify  his  wearing  apparel  before  going  upon  any  street  or  into 
any  public  place,  or  shall  otherwise  so  conduct  himself  as  to  endang¬ 
er  the  spreading  of  the  disease,  shall,  for  each  offense  be  liable  to  a 
fine  of  not  less  than  five  dollars  nor  more  than  fifty  dollars. 

Sec.  15.  Bringing  person  or  clothing  infected  into  the  city 
— Penalty.  Whoever  shall  bring  into  said  city  any  person  having 
the  small-pox  or  other  like  infectious  or  contagious  disease,  or  any 
clothing,  bedding  or  other  article  or  thing  infected  with  .small-pox 


OF  THE  CITY  OF  MT.  PULASKI. 


67 


or  other  like  infectious  or  contagious  disease,  shall  upon  conviction, 
be  fined  not  less  than  ten  dollars  nor  more  than  one  hundred  dollars. 

Sec.  16.  Removal  of  infected  clothing  from  city.  Said  board 
shall  cause  any  wearing  apparel  or  bedding  which  they  may  deem 
infectious  or  likely  to  endanger  the  public  health  or  safety,  to  be 
removed  beyond  the  city  limits  of  the  city  and  destroyed. 

Sec.  17.  Payment  Of  expenses.  Any  bills  or  accounts  for 
expenses  incurred  by  the  board  of  health  under  the  provisions  of 
this  chapter,  shall  be  presented  to  said  board  for  approval,  and  if 
found  correct  the  clerk  shall  certify  the  same  to  the  city  council  for 
allowance. 

The  city  clerk  as  clerk  of  said  board,  shall  keep  a  record  of  all 
such  disbursements  made  by  said  board. 

Passed  the  5th  day  of  April,  A.  D.  1897. 

Approved  the  5th  day  of  April  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 


H.  B.  Capps,  City  Clerk. 


68 


REVISED  ORDINANCES 


CHAPTER  XVII. 


INSURANCE  COMPANIES. 


Section  1. 


£  £ 
£  £ 


2. 

3. 

4. 


5. 

6. 


Foreign  fire  insurance  companies  shall  be  taxed  or 
licensed. 

Agents  shall  report  receipts  of  agency. 

Agents  shall  pay  tax  or  license  fee. 

Company  failing  to  report  or  pay  tax  shall  not  trans¬ 
act  business. 

Violation — Penalty. 

To  what  fund  tax  or  license  shall  be  applied. 


Section  l.  Foreign  fire  insurance  companies  shall  be  taxed 
or  licensed .  Be  it  ordained  by  the  city  council  of  the  city  of 
Alt.  Pulaski'.  That  all  corporations,  companies  or  associations  not 
incorporated  under  the  laws  of  this  state,  and  which  are  engaged  in 
tho  city  of  Mt.  Pulaski  in  effecting  or  soliciting  fire  insurance  on 
property  in  said  city,  shall  pay  to  the  treasurer  of  the  city  of  Mt. 
Pulaski,  on  or  before  July  15th,  1897,  and  annually  thereafter,  on 
or  before  July  15th  of  each  and  every  year  following,  a  sum  equal  to 
two  per  cent,  of  the  gross  receipts  of  premiums  received  by  such 
corporation,  company  or  association,  or  their  agency  or  agents,  for 
business  effected  or  transacted  for  fire  insurance  on  property  within 
the  said  city  of  Mt.  Pulaski  for  the  year  ending  July  1st  preceding 
the  date  of  such  report.  The  sum  above  designated  shall  be  as  a 
tax  or  license  fee  upon  all  such  corporations,  companies  or  associa¬ 
tions  transacting  said  business  as  aforesaid  within  the  city  of  Mt. 
Pulaski. 


Sec.  2.  Agents  shall  report  receipts  of  agency.  Every  per¬ 
son  acting  as  agent  or  otherwise  for  or  on  behalf  of  any  such  corpo¬ 
ration,  company  or  association  shall,  on  or  before  the  15th  day  of 
July  of  each  and  every  year  thereafter  render  to  the  city  clerk  of 


OF  THE  CITY  OF  MT.  PULASKI. 


69 


the  city  of  Mt.  Pulaski  a  full,  true  and  just  account,  verified  by 
oath,  of  all  the  premiums  which  during  the  year  ending  on  the  1st 
day  of  July,  1897,  and  the  first  day  of  July  of  each  and  every  year 
succeeding,  shall  have  been  received  by  him  or  any  other  person  for 
him,  in  behalf  of  any  such  corporation,  company  or  association, 
from  property  within  said  city,  on  which  such  corporation,  company 
or  association  shall  issue  or  cause  to  be  issued  any  policy  of  insur¬ 
ance,  and  shall  fully  and  specifically  set  out  in  said  report  the 
amount  or  amounts  received  as  premiums  for  fire  insurance  on  said 
property.  Any  such  corporation,  company  or  association,  having 
effected  or  transacted  any  such  business  within  said  city  within  any 
year,  that  may  have  no  agent  or  agency  in  said  city  at  the  time  a 
report  of  such  business  is  herein  required  to  be  made,  shall  cause 
such  report,  properly  verified,  to  be  forwarded  to  the  city  clerk 
within  the  time  herein  spebified. 

Sec.  3.  Agents  shall  pay  tax  or  license  fee.  The  said  agent, 
agents  or  other  officers  shall  also  at  the  time  of  the  making  of  the 
above  mentioned  report,  pay  to  the  treasurer  of  the  city  of  Mt.  Pu¬ 
laski  the  said  sum  of  two  per  cent,  upon  the  gross  receipts  of  such 
corporation,  company  or  association,  obtained  as  premiums  for  ef¬ 
fecting  fire  insurance  on  property  in  the  city  of  Mt.  Pulaski,  as 
is  specified  in  section  one  of  this  ordinance. 

Sec.  4.  Company  failing  to  report  or  pay  tax  shall  not 
transact  business.  If  such  account  not  be  rendered  on  or  before 
the  day  herein  designated  for  that  purpose,  or  if  the  above  men¬ 
tioned  rates  remain  unpaid  after  that  day,  it  shall  be  unlawful  for 
any  such  corporation,  company  or  association  to  transact  any  busi¬ 
ness  of  fire  insurance  in  the  city  of  Mt.  Pulaski  until  the  require¬ 
ments  hereof  have  been  fully  complied  with;  nevertheless  this  pro¬ 
vision  shall  in  no  way  affect  the  validity  of  any  risk  that  may  be 
taken  in  violation  hereof. 

Sec.  5.  Violation — penalty.  If  any  such  corporation,  com¬ 
pany  or  association  fail  to  render  the  account  or  report  herein  des¬ 
ignated,  by  the  day  required  by  this  ordinance,  or  if  the  above  men¬ 
tioned  rates  for  said  tax  or  license  fee  shall  remain  unpaid  after  the 
day  designated,  to-wit:  July  15  of  each  year,  for  which  said  cor¬ 
poration,  company  or  association  should  make  such  report  and  pay 
said  tax  or  license  fee,  then  and  in  that  event  every  such  corpora¬ 
tion,  company  or  association  shall  forfeit  and  pay  to  the  said  city  of 


70 


REVISED  ORDINANCES 


Mt.  Pulaski,  the  sum  of  two  hundred  dollars  upon  conviction  for 
each  and  every  offense,  and  in  addition  to  -such  penalty  the  city  of 
Mt.  Pulaski  shall  recover  in  an  action  in  its  name  for  its  use  against 
such  corporation,  company  or  association  so  failing  to  make  such 
report,  or  pay  such  tax  or  license  fee,  the  full  amount  of  the  said  li¬ 
cense  fee,  which  would  be  due  under  the  provisions  hereof. 

Sec.  6.  To  what  fund  tax  or  license  shall  be  paid.  Any  and 
all  sums  so  received  under  the  provisions  hereof  shall  form  and  con¬ 
stitute  a  fund  to  be  kept  separate  by  the  treasurer  of  the  said  city 
of  Mt.  Pulaski,  for  the  maintenance,  use  and  benefit  of  the  fire  de¬ 
partment  of  said  city  of  Mt.  Pulaski. 

Passed  the  5th  day  of  April  A.  D.  1897 

Approved  the  5th  day  of  April  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 

H.  B.  Capps,  City  Clerk 


OF  THE  CITY  OF  MT.  PULASKI. 


71 


CHAPTER  XVIII. 

FORM  FOR  ANNUAL  APPROPRIATION  ORDINANCE. 

An  ordinance  making  appropriations  for  corporate  purposes  for 

the  city  of  Mt.  Pulaski  for  the  fiscal  year  from . 18. .  . .  r 

to . 18 . 

Sec.  l.  Be  it  ordained  by  the  city  council  of  the  city  of  Mt. 
Pulaski:  That  the  following  sums,  or  so  much  thereof  as  may  be 
authorized  by  law,  be  and  the  same  are  hereby  appropriated  for 
corporate  purposes  of  the  city  of  Mt.  Pulaski,  as  herein  specified,. 

for  the  fiscal  year  commencing . 18....,  and  ending 

. 18 . 


Sec.  2.  All  unexpended  balances  of  any  item  or  items  of  any 
general  appropriation  made  by  this  ordinance  may  be  expended  in 
making  up  any  insufficiency  in  any  item  or  items  in  the  general  ap¬ 
propriation  and  for  the  same  general  purposes,  or  in  like  appropria¬ 
tion  made  by  this  ordinance. 

Passed  the  5th  day  of  April,  A.  I).  1897. 

Approved  the  5th  day  of  April  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 

H.  B.  Capps,  City  Clerk. 


REVISED  ORDINANCES 


CHAPTER  XIX. 


LICENSE. 


Section  1. 

“  2. 


4  4 
4  4 


4  -4 


4. 

5. 

6. 


7. 

8. 


Mayor  to  receive  application. 

Application — How  made. 

Terms  of  license — How  signed. 

Subject  to  ordinances — May  be  revoked,  etc. 
Not  assignable  without  consent. 

Clerk  to  keep  register. 

Form  of  license. 

Duty  of  marshal. 


Section  1.  Mayor  to  receive  application.  Be  it  ordained  by 
the  city  council  of  the  city  ofMt.  Pulaski:  That  the  mayor  shall 
receive  application  for  license  and  grant  the  same  in  all  cases  where 
it  is  not  otherwise  expressly  provided,  upon  the  terms  and  condi¬ 
tions  specified  by  ordinance.  But  if  he  shall  not  feel  authorized  to 
grant  application  for  a  license  for  any  purpose,  he  may  report  such 
application  to  the  next  meeting  of  the  city  council  for  their  action 
thereon. 

Sec.  2.  Application — How  made.  .  Any  person  desiring  a  li¬ 
cense  under  the  ordinances  of  the  city  for  any  purpose  shall  make  a 
written  application  to  the  mayor  therefor,  stating  the  purpose  for 
which  the  same  is  desired,  for  what  length  of  time,  and  specify  the 
place  where  his  business  is  /to  be  carried  on,  and,  if  required  by 
ordinance  to  file  bond  before  being  licensed,  he  shall  name  his  pro¬ 
posed  sureties  on  his  bond  in  his  application ;  if  the  mayor  shall 
grant  such  application,  he  shall  indorse  the  same  thereon,  together 
with  the  amount  taxed  for  the  license,  and  upon  the  filing  of  the  ap¬ 
plication,  so  indorsed,  with  the  city  clerk,  and  the  payment  of  the 
amount  specified,  the  city  clerk  shall  issue  to  such  applicant  a  li¬ 
cense  for  the  purpose  and  time  specified. 


OF  TIIE  CITY  OF  MT.  PULASKI. 


'r-o 

i  3 

Sec.  3.  Term  of  license — How  signed ,  u/c.  No  license  shall 
be  granted  for  a  longer  period  than  the  municipal  year,  and  all  li¬ 
censes  shall  be  signed  by  the  mayor  and  countersigned  by  the  city 
clerk,  under  the  corporate  seal.  No  license  shall  be  valid  until 
signed  and  countersigned  as  aforesaid,  nor  shall  any  person  be 
deemed  licensed  until  a  license  shall  be  duly  issued  to  him.  Each 
license  shall  be  dated  the  day  of  the  issuing  thereof,  but  if  the  ap¬ 
plicant  has  been  acting  without  a  license,  then  it  shall  be  dated 
from  the  time  he  commenced  acting. 

Sec.  4.  Subject  to  ordinances — May  be  revoked,  etc.  All 
licenses  granted  shall  be  subject  to  ordinances  relating  to  license 
which  may  be  in  force  at  the  time  of  the  issuing  thereof,  or  which 
may  be  subsequently  adopted  by  the  city  council;  or,  if  any  person 
licensed  shall  violate  any  provision  of  any  ordinance  in  relation  to 
his  license,  he  may  be  proceeded  against  for  any  fine  or  penalty 
imposed  thereby,  and  his  license  may  be  revoked  or  forfeited,  in 
the  discretion  of  the  city  council,  or  of  the  court  or  magistrate  be¬ 
fore  whom  any  action  may  be  brought  for  the  recovery  of  any  fine 
or  penalty. 

Sec.  5.  Hot  assignable  without  consent,  etc.  No  license 
granted  shaH  be  assignable  or  transferable,  nor  shall  any  person  be 
authorized  to  do  business  or  act  under  such  license  but  the  person 
to  whom  it  is  granted,  or  in  any  other  place  than  the  place  specified 
therein,  without  the  consent  of  the  city  council,  to  be  certified  on 
such  license  by  the  city  clerk,  nor  shall  any  license  authorize  any 
person  to  act  under  it  at  more  than  one  place  at  the  same  time,  nor 
at  any  other  time  than  is  therein  specified.  Whoever  shall  violate 
any  of  the  provisions  of  this  section  shall  be  deemed  to  be  acting 
without  license,  and  shall  be  subject  to  the  same  penalty  as  is  pre¬ 
scribed  for  acting;  without  license. 

Sec.  G.  Register  Of  license.  The  city  clerk  shall  keep  a  license 
register,  in  which  he  shall  enter  the  name  of  each  person  licensed, 
for  what  purpose  licensed,  the  place  of  business,  the  date  of 
license,  the  amount  paid,  and  the  date  of  the  expiration 
of  the  same.  He  shall  pay  into  the  city  treasury,  on  the 
Monday  before  the  fourth  Tuesday  of  each  month,  all  money  received 
by  him  on  account  of  licenses.  He  may  charge  and  receive  a  fee 
of  fifty  cents  for  each  license  issued  by  him  where  the  fee  charged 


74 


REVISED  ORDINANCES 


is  ten  dollars  or  less,  and  one  dollar  where  the  fee  charged  is  more 
than  ten  dollars,  and  a  fee  of  twenty-five  cents  for  certifying  the 
consent  of  the  city  council  to  the  assignment  or  transfer  of  any  li¬ 
cense  or  change  of  place  of  business  specified  in  such  license. 

Sec.  7.  Form  Of  license.  License  may  issue,  as  near  as  may 
be,  in  the  following  form,  to- wit: 

A.  B . of  the  City  of  Mt.  Pulaski,  to  all  whom  these  presents  may 

come,  Greeting: 

Know  ye  that  C.  D.  having  made  application  in  due  form,  filed  bond,  and  paid  into 

the  city  treasury . dollars,  and  in  all  other  respects  complied  with  the 

ordinance  of  the  city  in  this  behalf:  Therefore  I,  A.  B.  mayor  of  the  City  of  Mt. 
Pulaski,  for  and  in  behalf  of  said  city,  do  hereby  authorize,  empower  and  license  the 

said  C.  D.  (here  set  forth  the  business  or  purpose  of  the  license)  at . for 

. from .  Nevertheless,  this  license  is  granted  upon 

this  express  condition:  That  if  the  said  C.  D.  shall  observe  and  obey  all  ordinances  of 
the  city  which  are  or  may  be  in  force  regulating  or  relating  to  said  business,  then  this 
license  shall  be  valid  for  the  said  period;  otherwise  it  may  be  annulled,  revoked  or 
forfeited,  at  the  option  of  the  city  council,  or  in  any  other  manner  provided  by  ordi¬ 
nance. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  caused  the  corporate  seal  of 


said  city  to  be  affixed,  at  the  city  of  Mt.  Pulaski,  this . day  of . 

A.  D.  18 . 

(Seal.) 

Countersigned  and  registered:  A.  B.,  Mayor. 

E.  F.,  City  Clerk. 


Sec.  8.  Duty  of  marshal.  The  city  marshal  shall  enforce  all 
ordinances  in  relation  to  licenses,  and  shall  from  time  to  time  ex¬ 
amine  the  license  register  and  prosecute  all  persons  who  may  be 
acting;  without  license. 

Passed  the  5th  day  of  April  A.  D.  1897 

Approved  the  5th  day  of  April  A.  D.  1897. 

John  W.  Mayer,  Mayor. 


Attest: 

H.  B.  Capps,  City  Clerk 


OF  THE  CITY  OF  MT.  PULASKI. 


75 


CHAPTER  XX. 

LIQUORS. 


Section  1. 


4 4 

2. 

4  4 

3. 

4  4 

4. 

4  4 

5. 

»  4 

6. 

4  4 

7. 

4  4 

0° 

4  4 

* 

9. 

4  4 

10. 

4  4 

11. 

4  4 

12. 

4  4 

13. 

4  4 

14. 

4  4 

15. 

4  4 

16. 

4  4 

17. 

i  4 

i— * 
00 

4  4 

19. 

4  4 

20. 

4  4 

21. 

4  4 

22. 

Liquors — License  required. 

License  fee — Bond  required,  etc. 

Revocation  of  license — Refunding  money. 

Selling  to  minor  without  permit. 

False  representations  by  minor — Penalty, 
Employment  of  minor  without  permit — Penalty. 
Procuring  liquor  for  minor,  etc. — Penalty. 

Selling  to  intoxicated  person  or  habitual  drunkard — 
Penalty. 

Hours  of  closing,  etc. 

Not  to  keep  open  on  Sunday. 

Not  to  be  kept  open  on  election  day. 

Required  to  keep  order. 

Requirements  of  location, 

Use  of  slides,  dumb-waiters,  etc.  forbidden — Penalty. 
License  when  revoked. 

Dram-shops  may  be  closed  by  mayor. 

Penalties  not  evaded  by  shift  or  device. 

License  not  assignable. 

Wholesale  liquor  dealers. 

License  fee  for  wholesale  liquor  dealers. 

Place  of  illegal  sale  a  nuisance. 

O 

Penalties  for  violations  not  specially  provided. 


Section  1.  Liquors— License  required.  Be  it  ordained  by 
the  city  council  of  the  city  of  Alt.  Pulaski:  That  no  person 
shall  within  the  city,  by  himself,  his  servant  or  clerk,  directly  or 
indirectly,  sell,  barter,  exchange  or  deliver  or  otherwise  dispose  of 
any  intoxicating,  malt,  vinous,  mixed  or  fermented  liquors,  in  a  less 
quantity  than  one  gallon,  to  be  carried  away  at  one  time  from  the 
place  of  sale  or  delivery,  or  in  any  quantity  whatever  to  be  drank 
upon  the  premises,  or  in  or  upon  any  adjacent  room,  building,  yard 


76 


REVISED  ORDINANCES 


or  premises,  or  place  of  public  resort,  without  a  license  therefor  in 

accordance  with  the  requirements  hereof,  under  a  penalty  of  not 

less  than  twenty  dollars  and  not  to  exceed  one  hundred  dollars  for 

«/ 

each  offense. 

Sec.  2  License  fee — Bond  required ,  etc.  The  city  council 
may  in  its  discretion  grant  license  for  a  term  not  exceeding  one 
year,  to  such  person  or  persons  as  may  apply  therefor,  to  retail  in¬ 
toxicating  liquors,  upon  the  person  or  persons  paying  into  the  city 
treasury  the  sum  of  five  hundred  dollars  for  one  year’s  license,  and 
executing  a  bond  to  the  city  of  Mt.  Pulaski  in  the  penal  sum  of  five 
hundred  dollars,  signed  by  at  least  two  good  and  sufficient  sureties, 
freeholders  of  the  county  of  Logan  and  state  of  Illinois,  which  bond 
shall  be' approved  by  the  city  council  before  license  issues,  condi¬ 
tioned  that  the  person  or  persons  to  whom  such  license  is  issued 
will  pay  to  said  city  all  fines  and  costs  recovered  against  such  per¬ 
son  or  persons  so  licensed  under  the  provisions  of  this  chapter,  and 
any  and  all  other  ordinances  relating  to  the  sale  of  intoxicating 
liquors,  now  in  force  or  which  may  hereafter  be  in  force,  on  account 
of  any  act  done  or  left  undone  by  him  in  violation  of  any  such  ordi¬ 
nance,  during  the  time  for  which  such  license  may  be  granted. 

Said  applicant  or  applicants  shall  also,  before  license  shall  be 
issued,  give  bond  in  the  penal  sum  of  three  thousand  dollars,  pay¬ 
able  to  the  people  of  the  state  of  Illinois,  with  at  least  two  good  and 
sufficient  sureties,  freeholders  of  the  county  of  Logan  and  state  of 
Illinois,  to  be  approved  by  the  city  council,  conditioned  that  the 
person  or  persons  so  licensed  will  pay  to  all  persons  all  damages 
they  may  sustain,  either  in  person  or  property  or  means  of  support, 
by  reason  of  the  person  or  persons  so  licensed  selling  or  giving 
away  intoxicating  liquors.  Provided,  That  any  person  who  has 
become  surety  upon  either  of  the  bonds  aforesaid  for  any  person  to 
whom  license  has  been  issued  as  aforesaid,  may  release  himself  from 
further  liability  thereon  in  the  following  manner:  Such  surety 

shall,  a  least  ten  days  before  a  regular  meeting  of  the  city  council, 
give  notice  in  writing  to  the  city  clerk  of  his  desire  and  intention 
to  withdraw  himself  as  such  security  upon  such  bond,  whereupon  it 
shall  be  the  duty  of  such  clerk  to  notify  the  principal  of  such  bond 
of  such  request,  and  that  at  the  next  regular  meeting  of  the  city 
council  he  will  be  required  to  file  a  new  bond  or  bonds,  with  suffi¬ 
cient  sureties,  to  be  approved  by  said  city  council;  and  in  default  of 


OF  THE  CITY  OF  MT.  PULASKI. 


77 

so  doing,  the  license  so  granted  to  him  will  be  revoked,  and  in  case 
the  person  to  whom  such  notice  is  given  fails  to  comply  with  the 
terms  thereof  by  filing  a  good  and  sufficient  bond  as  hereinbefore 
required,  the  license  so  issued  to  such  person  shall  thereupon  be¬ 
come  null  and  void;  such  surety,  however,  shall  not  be  released 
from  his  liability  on  such  bond  arising  from  any  act  or  acts  done  or 
left  undone  by  such  principal  or  principals  prior  to  the  giving  and 
approval  of  such  new  bond  or  the  revocation  of  such  license;  and 
provided  further,  that  all  license  granted  under  the  provisions  of 
this  chapter  shall  expire  on  the  30th  day  of  April,  and  no  license 
shall  be  granted  to  extend  beyond  the  municipal  year  in  which  it 
shall  be  granted. 

Sec.  3.  Revocation  of  license— Refunding  money.  Any  li¬ 
cense  issued  under  the  provisions  of  this  chapter  may  be  revoked  at 
any  time  by  resolution  of  the  city  council:  Provided,  That  in  case 
any  license  shall  be  revoked  without  cause,  and  in  case  of  the  death 
of  any  licensee  when  the  unexpired  term  of  the  license  shall  exceed 
three  months,  the  fee  for  the  unexpired  term  of  such  license  shall 
be  refunded  to  the  holder  of  the  same;  or  in  case  of  the  death  of 
such  licensee,  to  such  person’s  legal  representatives;  but  in  no  other 
case  shall  any  license  fee  be  refunded. 

Sec.  4.  Selling  to  minor  without  permit.  Whoever,  by  him¬ 
self  or  his  servant  or  agent,  shall  sell,  give  or  deliver  any  intoxi¬ 
cating  liquor  to  any  minor  without  first  having  procured  a  written 
permit  from  the  parents  or  guardian  of  such  minor,  permitting  such 
sale,  gift  or  delivery,  shall  be  subject  to  a  penalty  of  not  less  than 
five  dollars  nor  more  than  two  hundred  dollars  for  each  offense. 

Sec.  5.  False  representations  by  minor— Penalty.  Any  mi¬ 
nor  who  shall  falsely  represent  himself  to  be  of  age  to  any  dram¬ 
shop  keeper,  his  clerk,  servant  or  agent,  for  the  purpose  of  obtain¬ 
ing  intoxicating  liquor  without  the  consent  of  his  parent  or  guar¬ 
dian,  or  for  the  purpose  of  being  allowed  to  remain  in  or  about  such 
saloon  or  dram  shop,  shall,  on  conviction,  be  subject  to  a  penalty  of 
not  less  than  five  dollars;  but  all  sales  of  intoxicating  liquor  shall 
be  at  the  peril  of  the  dram  shop  keeper  making  the  same. 

Sec.  6.  Employment  of  minor  without  permit— Penalty. 

No  person  licensed  under  the  provisions  of  this  ordinance  shall  em¬ 
ploy  any  minor  as  servant  or  clerk  in  his  business,  without  the 


78 


REVISED  ORDINANCES 


written  permission  of  his  parent  or  guardian,  nor  shall  permit  any 
minor  to  remain  or  loiter  in  said  place  of  business  without  the  writ¬ 
ten  permission  of  parent  or  guardian,  under  a  penalty  of  not  less 
than  tea  dollars,  nor  more  than  two  hundred  dollars. 

Sec.1  7.  Procuring  liquor  for  minor,  etc. — Penalty.  That 
any  person  who  shall  purchase,  provide  for,  or  in  any  other  manner 
procure  any  intoxicating  liquor  for  any  minor,  or  for  any  person  in¬ 
toxicated,  or  for  any  habitual  drunkard,  shall  be  subject  to  a  penal¬ 
ty  of  not  less  than  twenty  nor  more  than  two  hundred  dollars. 

Sec.  8.  Selling  to  intoxicated  person  or  habitual  drunkard— 
Penalty.  Whoever,  licensed  under  the  provisions  of  this  ordinance 
to  keep  a  dram-shop,  shall,  by  himself,  or  his  agent,  servant  or 
clerk,  sell,  give,  deliver  or  in  any  manner  dispose  of  any  intoxicat¬ 
ing  liquor  to  any  person  in  the  habit  of  getting  intoxicated,  shall 
be  subject  to  a  penalty  of  not  less  than  five  dollars  and  not  more 
than  one  hundred  dollars  for  each  offense. 

Sec.  9.  Hours  Of  closing,  etc  No  person  licensed  under  the 
provisions  of  this  ordinance  shall  keep  open,  or  suffer  or  permit  to 
be  kept  open,  his  place  of  business  at  a  later  hour  than  eleven  o’clock 
p.  m.,  nor  shall  open  or  permit  to  be  opened  his  place  of  business  at 
an  earlier  hour  than  four  o’clock  a.  m.,  and  shall  not  permit  or  suf¬ 
fer  any  person  not  belonging  thereto  or  connected  therewith  to  be 
or  remain  in  said  premises,  or  any  part  thereof,  between  the.  hours 
aforesaid,  under  a  penalty  of  not  less  than  twenty  dollars. 

Sec.  10.  Hot  to  keep  Open  on  Sunday.  No  person  licensed 
under  the  provisions  of  this  ordinance  shall  on  Sunday  keep  open, 
or  suffer  or  permit  to  be  kept  open,  any  part  of  his  or  their  place  of 
business,  nor  shall  on  Sunday  sell,  dispose  of,  or  deliver  intoxica¬ 
ting  liquors  or  beverages  whatever,  or  permit  any  such  liquors  or 

beverages  to  be  drank  at  his  place  of  business  or  in  any  place  ad  ¬ 
jacent  thereto,  under  his  control;  nor  shall  on  Sunday  admit  any 

person  into  his  place  of  business  not  belonging  thereto  or  connected 
therewith,  under  a  penalty  of  not  less  than  twenty  dollars,  nor 
more  than  one  hundred  dollars. 

Sec.  11.  Not  to  be  kept  Open  on  election  day.  No  person  li¬ 
censed  under  the  provisions  of  this  ordinance  shall  on  the  day  of 
any  general,  special  or  municipal  election,  sell,  give  or  deliver,  or 
permit  to  be  sold,  given  or  delivered  to  any  person  whatever  any 


OF  THE  CITY  OF  MT.  PULASKI. 


79 


intoxicating,  malt,  vinous,  mixed  or  fermented  liquors,  nor  shall 
keep  open  his  place  of  business,  or  any  part  thereof,  or  admit  any 
person  into  said  place  of  business  not  belonging  thereto,  under  a 
penalty  of  not  less  than  ten  dollars  nor  more  than  fifty  dollars  for 
each  offense. 

Sec.  12.  Required  to  keep  order.  No  person  licensed  under 
the  provisions  of  this  ordinance  shall  suffer  or  permit  any  loud, 
boisterous,  profane  or  indecent  language,  or  any  indecent  or  lewd 
act  or  behavior,  quarreling,  fighting  or  other  disturbance  in  or 
about  his  place  of  business,  or  any  place  adjacent,  thereto,  under  his 
control,  under  a  penalty  of  not  less  than  ten  dollars  nor  more  than 
fiftv  dollars. 

Sec.  13.  Requirements  Of  location.  The  business  of  a  dram¬ 
shop  or  saloon  shall  not  be  carried  on  in  any  other  than  a  front 
room  on  the  ground  floor  of  the  building  used  for  such  business. 

Sec.  14.  Use  of  slides,  dumb  waiters,  etc.,  forbidden — Pen¬ 
alty.  It  shall  be  unlawful  for  the  owner  or  lessee  of  any  premises 
used  or  occupied  for  the  purpose  of  a  saloon  or  dram-shop,  or  for 
any  person  having  a  license  to  sell  liquors  at  retail,  or  to  keep  a 
saloon  or  dram-shop  under  the  ordinances  of  this  city,  to  construct, 
erect,  keep  or  maintain  any  slide,  elevator,  dumb  waiter  or  other 
instrument  or  device  in  any  such  room  used  or  occupied  for  the  sale 
of  liquors  which  shall  run  to  or  connect  or  communicate  with  any 
room  or  place  above,  beneath  or  adjoining  to  such  dram¬ 
shop  or  licensed  saloon;  and  it  shall  also  be  unlawful  for  any 
person  having  such  license  to  sell  liquor  at  retail  either  by  himself 
or  his  clerk  or  servant,  to  use  any  such  slide,  elevator  or  dumb 
waiter  or  other  device  for  sending  or  to  send  any  intoxicating 
liquors  or  beer  from  such  saloon  or  dram-shop  to  any  room  or  place 
above,  below  or  adjoining  the  same.  Any  such  slide,  elevator  or 
dumb  waiter  which  may  now  exist  in  any  saloon  or  dram-shop  in 
this  city  shall  be  removed,  taken  out  or  destroyed  immediately. 
Any  person  who  shall  construct,  erect,  keep  or  maintain,  or  shall 
use  any  such  slide,  elevator  or  dumb  waiter  in  violation  hereof,  shall 
be  fined  not  less  than  ten  dollars  nor  more  than  one  hundred  dollars 
for  erecting  or  constructing  the  same,  and  a  like  sum  for  each  day 
he  shall  keep  or  maintain  the  same  in  any  such  saloon  or  dram-shop 
whether  erected  before  or  since  the  passage  of  this  ordinance,  and 


80 


REVISED  ORDINANCES 


in  a  like  sum  for  each  time  the  same  shall  be  used  for  the  purpose 
aforesaid. 

Sec.  15.  License  when  revoked.  The  city  council  shall  have 
power  to  revoke  any  license  granted  under  this  ordinance,  when¬ 
ever  they  shall  deem  it  to  the  best  interest  of  the  city,  or  if  the 
person  licensed  shall  be  convicted  the  second  time  for  a  violation  of 
the  provisions  of  this  ordinance,  or  m  case  said  person  licensed  fails 
or  refuses  to  obey  any  lawful  order  of  the  mayor  or  city  council. 

Sec.  16.  Dram-shops  may  be  closed  by  mayor.  The  mayor 
shall  have  power  at  any  time  when  he  may  feel  there  is  danger  of 
riot  or  other  serious  disturbance  of  the  public  peace  or  quiet,  to  or¬ 
der  all  saloons  closed  for  such  length  of  time  as  he  may  deem  prop¬ 
er,  and  forbid  the  sale  of  intoxicating  liquors  at  such  times  by  any 
dram-shop  keeper  licensed  under  provisions  of  this  ordinance.  The 
order  of  the  mayor  shall  be  in  writing,  and  shall  specify  the  length 
of  time  all  such  places  shall  be  closed.  Any  person  licensed  under 
the  provisions  of  this  ordinance,  who  shall  fail  or  refuse  to  obey  the 
order  of  the  mayor  in  any  such  case  shall  be  subject  to  a  penalty  of 
not  less  than  fifty  dollars  and  not  more  than  two  hundred  dollars, 
and  the  license  of  any  such  person  may  be  revoked  for  such  cause 
by  the  city  council. 

Sec.  17.  Penalties  not  evaded  by  shift  or  device.  The  giv¬ 
ing  away,  or  any  shift  or  device  to  evade  the  provisions  of  this  or¬ 
dinance  shall  be  deemed  a  violation  thereof.  In  all  prosecutions 
for  unlawful  selling  under  this  ordinance  it  shall  not  be  necessary 
to  state  or  prove  the  kind  of  liquor  sold,  nor  to  whom  sold,  nor  to 
show  the  knowledge  of  the  principal,  to  convict  for  the  acts  of  the 
agent  or  servants  for  the  violation  of  any  provisions  of  this  ordi¬ 
nance. 

Sec.  18.  License  not  assignable.  No  license  granted  under 
this  ordinance  shall  be  assignable  or  transferable,  nor  shall  any 
person  be  authorized  or  permitted  to  do  business  or  act  under  such 
license,  but  the  person  to  whom  it  is  granted,  nor  at  any  other 
place  than  that  certified  on  such  license,  and  countersigned  by  the 
city  clerk;  nor  shall  any  such  license  permit  any  person  to  act 
under  it  at  more  than  one  place  at  a  time. 

Sec.  19.  Wholesale  liquor  dealers.  No  person,  firm  or  cor¬ 
poration  shall  sell  or  offer  for  sale  any  spirituous  or  vinous  liquors 


OF  THE  CITY  OF  JIT.  PULASKI. 


81 


in  quantities  of  one  gallon  or  more  at  a  time  within  the  city  of  Mt. 
Pulaski,  without  having  obtained  a  license  therefor  from  the  city  of 
Mt.  Pulaski,  under  a  penalty  of  not  less  than  twenty  dollars  nor 
more  than  one  hundred  dollars  for  each  offense. 

Sec.  20.  License  fee  for  wholesale  liquor  dealer.  All  such 
license  shall  be  issued  in  accordance  with  the  general  ordinances  of 
the  city  concerning  licenses,  and  for  every  such  license  there  shall 
be  charged  at  the  rate  of  two  hundred  and  fifty  dollars  per  annum. 

Sec.  21.  Place  of  illegal  sale  a  nuisance.  All  places  where 
intoxicating  liquors  are  sold  in  violation  of  the  provisions  of  this 
ordinance  shall  be  taken,  held  and  deemed  to  be  common  nuisances, 
and  all  rooms,  taverns,  eating-houses,  restaurants,  drug  stores, 
groceries,  coffee  houses,  or  other  places  of  public  resort,  where  in¬ 
toxicating  liquors  are  sold  in  violation  of  the  provisions  of  the  ordi¬ 
nance,  shall  be  deemed  public  nuisance,  and  whoever  shall  keep  any 
such  place,  by  himself,  agent  or  servant,  shall  for  each  offense  be 
fined  not  less  than  fifty  dollars  nor  more  than  two  hundred  dollars. 

Sec.  22.  Penalties  for  violations  not  specially  provided. 

Any  person  violating  any  of  the  provisions  of  this  ordinance,  unless 
otherwise  specially  provided  herein,  shall  be  subject  to  a  penalty  of 
not  less  than  ten  dollars  nor  more  than  two  hundred  dollars. 

Passed  the  5th  day  of  April,  A.  D.  1897. 

Approved  the  5th  day  of  April  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 


H.  B.  Capps,  City  Clerk. 


82 


REVISED  ORDINANCES 


Section  1. 


£-£ 

2. 

£  ( 

3. 

£ ( 

4. 

c  £ 

5. 

•  £  £ 

6. 

.£  £ 

7. 

k  £ 

8. 

£  £ 

9. 

£  £ 

10. 

£  £ 

11. 

£  £ 

12. 

£  £ 

13. 

-k  £ 

14. 

£  £ 

15. 

X  £ 

16. 

£  £ 

17. 

£  £ 

18. 

X  £ 

19. 

£  ( 

20. 

£  £ 

21. 

X  £ 

22. 

X  £ 

23. 

£  £ 

24. 

X  £ 

25. 

X  £ 

26. 

X  £ 

27. 

X  £ 

28. 

X  £ 

29. 

l  £ 

30. 

£  £ 

31. 

£  £ 

32. 

CHAPTER  XXI. 

MISDEMEANORS. 

Unlawful  assembly. 

Assaults — Fighting  affrays. 

Disorderly  conduct. 

Permitting  unlawful  assemblage. 

Disturbing  peace  of  city  or  family. 

Disturbing  congregations. 

False  alarm  of  fire — Cry  for  assistance. 

Drunkenness. 

Indecent  exposure. 

Sale  of  obscene  books,  etc. 

Having  obscene  books,  etc.,  in  possession. 

Obscene  writing  or  figure. 

Indecent  exhibition  of  animals. 

Gambling. 

Inmates  of  gambling  houses,  etc. 

Gaming  houses. 

Leasing  premises  for  gaming. 

Duty  of  police — Refusal  of  admittance  of  police — Pen- 
alty. 

V 

Police  to  destroy  gaming  implements. 

Lotteries  prohibited. 

House  of  ill-fame. 

Inmates  of  houses  of  ill- fame,  etc. 

Concealed  weapons. 

Disorderly  houses. 

Disturbing  funeral. 

Places  of  amusement  open  on  Sunday. 

Amusements  of  Sunday. 

Places  of  business  open  on  Sunday. 

Cruelty  to  animals. 

Fast  driving — Drunken  drivers. 

Leaving  animals  unfastened. 

Scaring  horses. 


OF  THE  CITY  OF  MT.  PULASKI. 


83 


“  33.  Poison — Sale  of. 

“  34.  Burglar’s  tools. 

“  35.  Firing  cannon,  guns,  fire  crackers,  etc. 

££  36.  Minors  not  to  remain  upon  the  streets,  etc.  at  late 

hour  of  night. 

££  37.  Throwing  stones — Slings,  etc. — Duty  of  officer. 

£-  38.  Injury  to  pavement,  etc. — Obstructing  public  im¬ 

provement. 

££  39.  Injury  to  building,  etc. — Malicious  mischief. 

“  40.  Hitching  horses  to  trees,  fences,  etc. 

“  41.  Trespassing  and  carrying  away  fruit,  etc. 

“  42.  Trespass  upon  private  premises. 

“  43.  Posting  bills,  etc. 

“  44.  Ball  playing  upon  streets. 

“  45.  Vehicles  standing  on  streets. 

“  46.  Meddling  with  fire  hydrant. 

££  47.  Vagrants. 

“  48.  Idling  about  depot — Interfering  with  property,  etc. 

“  49.  Minors  to  keep  off  cars,  etc. 

£k  50.  Bill  boards — When  a  nuisance. 

“  51.  Attempt  to  commit  offense. 

“  52.  Accessories,  etc. 

“  53.  Prostitutes  loitering  on  streets,  etc. 

££  54.  Dangerous  sports,  kite  flying,  etc. 

“  55.  Voting  illegally,  etc — Penalty. 

k£  56.  Encouraging  illegal  voting — Penalty. 

££  57.  Misbehavior  of  judge  or  clerk  of  election — Penalty. 

“  58.  Judge  or  clerk  taking  liquor  to  the  polls  to  give  away 

— Penalty. 

“  59.  Trespassing  upon  school  property — Penalty. 

l£  60.  Trespassing  in  cemetery — Penalty. 

££  61.  Removing  corner  stone — Penalty. 

Section  1.  Unlawful  assembly  Be  it  ordained  by  the  city 
council  Of  the  city  Of  Alt.  Pulaski:  Any  two  or  more  persons 
who  shall  assemble  for  the  purpose  of  disturbing  the  peace,  or  of 
committing  any  unlawful  act,  and  who  shall  not  disperse  when  com¬ 
manded  or  requested  by  any  peace  officer,  shall,  each  and  severally, 
be  subject  to  a  penalty  of  uot  less  than  three  dollars,  and  not  ex¬ 
ceeding  one  hundred  dollars. 

Sec.  2.  Assaults — Fighting  affrays.  Whoever  shall  assault, 
strike  or  fight  another,  or  attempt  or  offer  to  do  so,  or  shall  threat¬ 
en  or  traduce  another,  or  shall  challenge  another  to  fight, 
or  shall  agree  to  flight  another,  or  shall  by  agreement  actually  fight 
another,  or  shall  be  guilty  on  an  affray  within  the  limits  of  said 


84 


REVISED  ORDINANCES 


city,  shall  be  fined  not  less  than  three  dollars,  nor  more  than  two 
hundred  dollars. 

Sec.  3.  Disorderly  conduct.  Whoever  shall  disturb  the  peace, 
or  shall  be  guilty  of  any  violent,  tumultuous,  offensive  or  disorderly 
conduct,  or  shall  use  obscene,  offensive,  profane  or  unseemly  lan¬ 
guage,  to  the  annoyance,  disturbance  or  vexation  of  another,  or 
shall  be  guilty  of  any  conduct  calculated  to  provoke  a  breach  of  the 
peace,  shall  be  fined  not  less  than  three  dollars,  nor  more  than  one 
hundred  dollars. 

Sec.  4.  Permitting  unlawful  assemblage.  Whoever  shall 
knowingly  further  or  permit  any  assemblage  for  the  purpose  of  dis¬ 
turbing  the  peace,  or  of  committing  any  unlawful  act,  or  shall  per¬ 
mit  any  breach  of  the  peace,  or  any  riotous,  tumultuous,  offensive 
or  disorderly  conduct,  or  any  loud  or  unusual  noise  or  disturbance, 
or  obscene,  offensive,  profane  or  unseemly  language,  to  the  annoy¬ 
ance,  disturbance  or  vexation  of  others,  in  or  upon  any  premises 
owned  or  occupied  by  him,  under  his  control,  shall  be  subject  to  a 
penalty  of  not  less  than  three  dollars,  nor  more  than  one  hundred 
dollars. 

Sec.  5.  Disturbing  peace  of  city  or  family.  Whoever  shall 
disturb  the  peace  and  quiet  of  the  city,  or  any  neighborhood,  family 
or  person,  by  loud  and  unusual  noise,  shouting,  blowing  horns,  yell¬ 
ing,  singing,  whistling,  or  by  tumultuous  and  offensive  carriage,  or 
other  boisterous  and  unseemly  conduct,  shall  be  fined  not  less  than 
three  dollars,  nor  more  than  one  hundred  dollars. 

Sec.  6.  Disturbing  congregations.  Whoever  shall  disturb  any 
congregation  or  assembly  met  for  religious  worship,  or  for  any 
other  lawful  purpose,  shall  be  fined  not  less1  than  five  dollars,  nor 
more  than  one  hundred  dollars. 

Sec.  7.  False  alarm  of  fire — Cry  for  assistance.  Whoever 
shall  knowingly  make  or  give  a  false  alarm  of  fire,  or  any  false  cry 
for  assistance,  shall  be  fined  not  less  than  three  dollars,  nor  more 
than  one  hundred  dollars. 

Sec.  8.  Drunkenness.  Whoever  shall  be  drunk  or  shall  be  in 
a  state  of  intoxication  in  any  public  place,  or  in  any  private  house 
or  place,  to  the  annoyance  of  any  person,  shall  be  fined  not  less  than 
three  dollars,  nor  more  than  fifty  dollars. 


OF  THE  CITY  OF  MT.  PULASKI. 


85 


Sec.  9.  Indecent  exposure.  Whoever  shall  purposely  or  pub¬ 
licly  make  any  indecent  exposure  of  his  or  her  person,  or  shall  ap¬ 
pear  in  a  dress  not  belonging  to  his  or  her  sex,  or  in  an  indecent 
or  lewd  dress,  or  in  a  state  of  nudity,  or  shall  be  guilty  of  any  other 
indecent  or  lewd  act  or  behavior,  shall  be  subject  to  a  penalty  of 
not  less  than  five  dollars,  .and  not  exceeding;  one  hundred  dollars. 

Sec.  10.  Sale  Of  obscene  books,  etc.  Whoever  shall  bring 
within  the  limits  of  said  city,  for  the  purpose  of  sale  or  exhibition, 
or  shall  sell  or  offer  to  sell,  or  shall  give  away  or  offer  to  give  away, 
or  shall  in  any  manner  exhibit,  or  shall  make,  draw,  print  or  pub¬ 
lish  any  obscene,  indecent  or  scandalous  book,  pamphlet,  newspa¬ 
per,  journal,  print,  publication,  paper  or  writing  of  any  kind,  or 
any  obscene,  indecent  or  lewd  picture,  drawing,  engraving,  card, 
photograph,  model,  cast  or  instrument,  or  any  article  of  indecent 
or  immoral  use,  shall,  on  conviction,  be  fined  not  less  than  twenty- 
five  dollars,  nor  more  than  two  hundred  dollars  for  each  offense. 

Sec.  ll.  Having  obscene  books,  etc.,  in  possession.  Who¬ 
ever  shall  keep  or  have  in  possession,  within  said  city,  any  of  the 
obscene  or  indecent  articles  or  things  mentioned  in  the  last  pre¬ 
ceding  section,  with  or  without  intent  to  sell  or  dispose  of  the 
same,  shall,  on  conviction,  be  fined  not  less  than  five  dollars,  nor 
more  than  fifty  dollars. 

Sec.  12.  Obscene  writing  or  figure.  Whoever  shall,  in  any 
p'ace  open  to  public  view,  write,  mark,  draw,  cut  or  make  any  ob¬ 
scene  or  indecent  word,  sentence,  design  or  figure,  shall  be  fined  not 
less  than  five  dollars,  nor  more  than  one  hundred  dollars. 

Sec.  13.  Indecent  exhibition  Of  animals.  Whoever  shall  in¬ 
decently  exhibit  any  studhorse,  bull,  jack  or  other  animal  in  any 
public  place,  or  shall  let  any  such  animal  except  in  some  inclosed 
place  out  of  public  view,  shall  be  subject  to  a  penalty  of  not  less 
than  five  dollars,  and  not  exceeding  one  hundred  dollars. 

O 

4 

Sec.  14.  Gambling.  Whoever  shall  in  any  manner  gamble  or 
play  for  money  or  other  valuable  thing,  or  for  any  check  or  anything 
representing  or  intended  to  represent  money  or  other  valuable 
thing,  at  any  game  with  cards,  dice,  checks,  billiards  or  with  any 
other  article,  instrument  or  thing  whatsoever  which  may  be  used 
for  the  purpose  of  playing  or  betting  upon  or  winning  or  losing 
money  or  other  thing  of  value,  or  whoever  shall  bet  on  any  such 


86 


REVISED  ORDINANCES 


game  when  played  by  others,  shall,  for  either  offense,  be  fined  not 
less  than  ten  dollars,  nor  more  than  two  hundred  dollars. 

Sec.  15.  Inmate  of  gambling  house,  etc.  Whoever  shall 
be  an  inmate  of  any  room,  house  or  place  where  gambling  of  any 
kind  is  going  on  or  allowed,  or  whoever  shall  frequent  the  same  or 
shall  be  found  therein,  shall,  for  either  '  offense,  be  fined  not  less 
than  five  dollars,  nor  more  than  one  hundred  dollars. 

Sec.  16.  Gaming  houses.  Whoever  shall  keep  or  maintain  any 
gaming  house  or  room,  or  any  place  where  gaming  or  betting  of 
any  kind  is  done  or  going  on,  or  whoever  shall  procure  or  permit 
any  persons  to  come  together  in  any  house,  rooms  or  place  occupied 
or  owned  by  him  or  under  his  control,  for  the  purpose  of  playing  at 
any  game  for  money  or  other  valuable  thing,  or  anything  represent¬ 
ing  or  intended  to  represent  money  or  other  thing  of  value,  or  shall 
permit  any  such  persons  to  play  at  any  such  game  aforesaid  when 
they  have  come  together  in  any  such  room,  house  or  place  as  afore¬ 
said,  or  whoever  shall  keep  or  permit  to  be  used  in  any  building, 
room,  yard  or  place  occupied,  controlled  or  owned  by  him,  or  have 
in  his  possession  any  keno  or  faro  table,  faro  bank,  roulette  or  other 
gaming  implement,  instrument,  device  or  thing  commonly  used  for 
the  purpose  of  gaming,  shall,  in  either  case,  be  fined  not  less  than 
twenty-five  dollars,  nor  more  than  two  hundred  dollars. 

Sec.  17.  Leasing  premises  for  gaming.  Whoever  shall  know¬ 
ingly  rent  or  lease  to  another  any  building,  room  or  premises  to  be 
used  or  occupied,  in  whole  or  in  part,  as  a  gaming  house  or  place 
for  persons  to  come  together  to  play  for  money  or  other  valuable 
thing  at  any  game,  or  to  bet  upon  any  game  of  chance,  or  shall 
knowingly  permit  the  same  to  be  used  or  occupied,  shall  be  fined 
not  less  than  ten  dollars,  nor  more  than  two  hundred  dollars. 

Sec.  18.  Duty  of  police  force— Refusal  of  admittance  of 
police — Penalty.  It  shall  be  the  duty  of  all  members  of  the  police 
force  to  report  to  the  mayor,  each  house,  room  or  place,  within  the 
city,  wherein  gaming  of  any  kind  is  carried  on,  or  wherein  any 
games,  devices,  tables  or  other  instruments  or  things  for  the  pur¬ 
pose  of  gaming,  are  or  may  be  set  up  or  maintained;  and  the  said 
police  officers  shall  use  and  take  all  lawful  means  to  suppress  and 
prevent  gaming,  or  the  playing  at  the  tables,  games  or  devices 
aforesaid,  and  for  this  purpose,  when  and  as  often  as  any  one  of 


OF  THE  CITY  OF  MT.  PULASKI. 


87 


them  shall  have  reasonable  cause  to  suspect  that  any  such  table, 
game,  or  device  is  set  up,  kept  or  maintained  as  aforesaid,  or  that 
any  gaming  of  any  kind  is  being  carried  on  or  done  in  any  house, 
room  or  place,  contrary  to  the  ordinances  of  the  city,  he  shall  make 
complaint  thereof  before  some  police  magistrate  or  justice  of  the 
peace,  and  obtain  a  warrant  authorizing  him  to  enter  such  building, 
room  or  place;  and  said  police  officer  shall  then  have  authority  to 
demand  entry  therein,  and  any  person  or  persons  who  shall  refuse 
or  neglect  to  open  the  door  or  entrance  to  such  house,  rcom  or  place 
upon  the  application  of  any  police  officer  having  such  warrant,  shall 
forfeit  and  pay  a  fine  of  not  less  than  twenty  dollars,  nor  more  than 
two  hundred  dollars  for  each  offense. 

Sec.  19.  Police  to  destroy  gaming'  implements.  It  is  hereby 

made  the  duty  of  every  member  of  the  police  force  to  seize  any  ta¬ 
ble,  instrument  or  device  or  thing  used  for  the  purpose  of  gaming,, 
and  all  such  tables,  instruments,  devices  or  things  shall  be  destroy¬ 
ed.  Any  person  resisting  or  obstructing  any  member  of  the  police 
force  in  the  performance  of  any  act  authorized  by  this  section,  shall 
be  fined  not  less  than  twenty-five  dollars  nor  more  than  fifty  dollars 
for  each  offense. 

Sec.  20.  Lotteries  prohibited.  Whoever  shall  maintain  or  run 
or  be  in  any  way  connected  wfithin  any  lottery,  or  any  other  enter¬ 
prise  or  business  by  whatever  name  the  same  may  be  known,  where¬ 
in  any  property  is  sold  or  disposed  of  by  chance,  or  whoever  shall 
sell  or  dispose  of  any  lottery  ticket  or  share  or  any  chance,  or  any 
article  or  thing  entitled  or  purporting  to  entitle  the  purchaser 
thereof  to  any  chance, or  whoever  shall  sell  or  dispose  of  any  pack¬ 
age  or  article  purporting  to  contain  a  prize,  or  where  as  an  induce¬ 
ment  it  is  held  out  that  such  article  or  package  may  contain  a  prize 
or  may  entitle  the  purchaser  to  some  article  or  thing  of  value  not 
directly  contemplated  and  known  in  the  purchase,  shall  be  fined  not 
less  than  ten  dollars  nor  more  than  two  hundred,  dollars  for  each 
offense. 

Sec.  21.  House  of  ill- fame.  Whoever  shall  keep  or  maintain 
any  bawdy  house,  house  of  ill  fame  or  of  assignation,  or  any  room 
or  place  for  the  practice  of  fornication  within  said  city  or  within 
three  miles  from  the  outer  boundaries  thereof,  or  shall  knowingly 
suffer  or  permit  any  premises  owned  or  occupied  by  him  or  under 


88 


REVISED  ORDINANCES 


his  control,  within  said  city  or  within  the  limits  aforesaid,  to  be 
used  for  that  purpose,  shall  be  fined  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars. 

Sec.  22.  Inmates  Of  houses  Of  ill- fame,  etc.  Whoever  shall 
be  an  inmate  of  any  bawdy  house,  house  of  ill-fame,  or  any  room  or 
place  for  the  purpose  of  fornication,  situated  within  said  city  or 
within  three  miles  of  the  outer  boundaries  thereof,  or  shall  in  any 
way  contribute  to  the  support  thereof,  or  be  connected  therewith,  or 
whoever  shall  be  found  therein,  shall  for  each  offense  be  fined  not 
less  than  five  dollars  nor  more  than  one  hundred  dollars. 

Sec.  23.  Concealed  weapons.  Whoever  shall  carry  concealed 
upon  or  about  his  person  any  pistol,  revolver,  derringer,  bowie- 
knife,  dirk,  slungshot,  metallic  knuckles  or  a  razor  as  a  weapon,  or 
any  other  deadly  weapon  of  like  character  capable  of  being  concealed 
upon  the  person,  or  whoever  shall  in  a  threatening  or  boisterous 
manner  flourish  or  display  the  same,  shall  be  fined  not  less  than  five 
dollars  nor  more  than  one  hundred  dollars,  and  in  addition  to  the 
said  penalty  shall,  upon  the  order  of  the  magistrate  before  whom 
such  conviction  is  had,  forfeit  the  weapon  so  carried,  to  the  city. 

Sec.  24.  Disorderly  house.  Whoever  shall  keep  a  common,  ill- 
governed  and  disorderly  house,  to  the  encouragement  of  idleness, 
gaming,  drinking,  fornication  or  other  misbehavior,  shall  be  fined 
not  less  than  five  dollars  and  not  exceeding  two  hundred  dollars. 

Sec.  25.  Disturbing  funeral.  Whoever  shall  wilfully  interrupt  , 
or  disturb  any  funeral  assembly  or  funeral  procession  shall  be  fined 
not  less  than  ten  dollars  nor  more  than  two  hundred  dollars. 

Sec.  26.  Places  of  amusement  open  on  Sunday.  Whoever 
shall,  on  Sunday,  keep  open  any  billiard  room,  ball  or  pin  alley, 
house,  beer  garden,  ground  or  other  place  of  amusement,  or  shall 
suffer  or  permit  persons  to  assemble  therein  for  the  purpose  of 
amusement  or  play,  shall  be  subject  to  a  penalty  of  not  less  than 
five  dollars  and  not  exceeding  one  hundred  dollars. 

Sec.  27.  Amusements  on  Sunday.  Whoever  shall,  on  Sunday, 
play  ball,  or  disturb  the  peace  or  good  order  of  society  by  any  place 
of  amusement,  shall  be  subject  to  a  penalty  of  not  less  than  five 
dollars  and  not  exceeding  one  hundred  dollars. 

Sec.  28.  Place  of  business  open  on  Sunday.  Whoever  shall, 


OF  THE  CITY  OF  MT.  PULASKI. 


89 


on  Sunday,  (except  in  case  of  necessity  or  for  charitable  purposes, 
or  where  the  party  shall  conscientiously  and  on  religious  principles 
observe  some  other  day  of  the  week  as  the  Sabbath),  keep  open  his 
place  of  business,  or  pursue  his  daily  business  or  avocation,  or  shall 
require  or  permit  any  hand,  servant  or  employe  to  labor  or  work  at 
such  business  or  avocation,  shall  be  fined  not  less  than  five  dollars 
and  not  exceeding  one  hundred  dollars:  Provided,  This  section 
shall  not  apply  to  hotels,  eating  houses,  livery  stables,  drug  stores,, 
and  tobacco  stores. 

Sec.  29.  Cruelty  to  animals.  Whoever  shall,  in  any  manner 
or  by  any  means,  be  guilty  of  cruelty  to  any  dumb  animal,  or  shall 
be  guilty  of  turning  out  and  abandoning  any  old,  decrepid  or  worth¬ 
less  animal  upon  the  public  streets  or  commons,  shall  be  fined  not 
less  than  five  dollars  nor  more  than  one  hundred  dollars. 

Sec.  30.  Fast  Driving— Drunken  drivers .  Whoever  shall 
run,  race  or  immoderately  ride  or  drive  any  horse,  mule  or  other  an¬ 
imal  or  any  team  in  any  street  or  alley  of  said  city,  or  whoever  shall 
ride  or  drive  the  same  when  intoxicated,  or  whoever  shall  wilfully 
or  heedlessly  drive  such  animal  so  that  such  animal  or  any  vehicle 
attached  thereto  shall  come  in  collision  with  any  other  animal  or 
other  vehicle,  or  shall  strike  any  person,  shall  be  fined  not  less  than 
three  dollars  nor  more  than  one  hundred  dollars. 

Sec.  31.  Leaving  animals  unfastened.  Whoever  shall  leave 
any  horse,  mule  or  other  animal  attached  to  any  vehicle  or  convey¬ 
ance,  in  any  uninclosed  place  without  being  securely  fastened  or 
guarded,  so  as  to  prevent  its  running  away,  shall  be  fined  not  less 
than  three  dollars  nor  more  than  one  hundred  dollars. 

Sec.  32.  Scaring  horses.  Whoever  shall,  by  riding  any  bicycle 
in  the  streets  or  on  the  sidewalks  of  said  city,  or  shall  by  any  other 
means  wilfully  or  negligently  frighten  any  horse,  mule  or  oth¬ 
er  animal  being  at  the  time  ridden  by  any  person  or  attached  to  any 
vehicle,  shall  be  fined  not  less  than  three  dollars,  nor  more  than 
fifty  dollars. 

Sec.  33.  Poison — Sale  Of.  Whoever  shall  keep,  sell  or  deliver 
any  poison,  usually  known  or  used  as  deadly  poison,  without  legibly 
marking  the  same,  or  the  word  “poison”  upon  the  vial,  wrapper  or 
other  inclosure  containing  the  same,  or  whoever  shall  sell  or  deliver 
any  arsenic,  strychnine,  prussic  acid  or  other  poison  usually  known 


90 


REVISED  ORDINANCES 


or  used  as  a  deadly  poison  to  any  person  known  to  him,  without 
registering  the  name  of  such  poison,  and  the  kind  and  quality  of  the 
poison  sold  or  delivered  and  the  purpose  for  which  the  same  was 
obtained;  or  whoever  shall  sell  or  deliver  any  such  poison  to  any 
person  to  him  unknown,  shall  be  subject  to  a  penalty  of  not  less 
than  five  dollars,  and  not  exceeding  one  hundred  dollars  in  each 
case.  But  the  sale  or  delivery  of  any  such  poison  as  a  medicine, 
upon  the  prescription  of  a  practicing  physician,  shall  not  be  deemed 
a  violation  of  this  section. 

Sec.  34.  Burglar’s  tools.  Whoever  shall  have  in  his  posses¬ 
sion  any  nippers  of  the  description  known  as  burglar’s  nippers,  or 
any  picklock,  skeleton-key,  key  to  be  used  with  a  bit  or  bits,  jimmy 
or  other  burglar’s  tool  or  instrumentof  whatever  kind  or  description, 
unless  it  be  shown  that  such  possession  is  innocent  or  for  a  lawful 
purpose,  shall  be  fined  not  less  than  twenty-five  dollars,  *nor  more 
than  two  hundred  dollars. 

Sec.  35.  Firing  cannon ,  guns ,  fire  crackers ,  etc.  Whoever 
shall  fire  or  discharge  any  cannon,  gun,  pistol,  revolver  or  any 
firearm  of  any  description,  or  shall  fire,  explode  or  set  off  any  squib, 
firecracker,  torpedo  or  other  thing  containing  powder,  or  other  ex¬ 
plosive  material,  without  permission  from  the  mayor  so  to  do,  shall 
be  fined  not  less  than  one  dollar,  nor  more  than  twenty  dollars. 
Such  permission,  when  given,  shall  definitely  limit  the  time  of  such 
firing,  and  may  at  any  time  be  revoked. 

Sec.  36.  Minors  not  to  remain  on  the  street ,  etc.,  at  a  late 
hour  of  night.  No  minor  or  minors  under  the  age  of  sixteen  years, 
shall  for  the  purpose  of  amusement  linger  or  loiter  about  or  upon 
the  streets,  alleys,  public  places  or  places  adjacent  thereto,  or  in 
places  away  from  their  place  of  residence  or  employment,  after  the 
hour  of  nine  o’clock  in  the  evening,  without  being  able  to  give  a 
good  reason  for  their  absence  from  their  place  of  residence  or  em¬ 
ployment.  Any  minor  or  minors  violating  the  provisions  of  this 
section,  may  be  fined  in  the  discretion  of  the  court  not  less  than 
one  dollar  nor  more  than  five  dollars. 

Sec.  37.  Throwing  stones— Slings ,  etc.— Duty  of  officer. 

Any  boy,  or  other  person,  who  shall  cast  or  throw  any  stone,  brick, 
club,  snow  ball  or  other  missile  at  any  person,  or  from  or  into  any 
public  place,  or  at,  against,  into  or  upon  any  tree,  building,  premi- 


OF  THE  CITY  OF  MT.  PULASKI. 


91 


ses  or  other  property,  or  shall  use,  play  with  or  have  in  possession  a 
sling  of  any  character,  or  any  instrument  or  device  whatsoever,  for 
the  casting  or  throwing  of  stone,  bullet  or  other  thing,  shall  be  fined 
not  exceeding  twenty  dollars.  And  it  is  hereby  made  the  duty  of 
any  police  officer  of  this  city  to  take  possession  of  and  destroy  any 
such  sling,  instrument  or  device  found  in  the  possession  of  any  such 
boy  or  person  as  aforesaid. 

Sec.  38.  Injury  to  pavement ,  etc.— Obstructing  public  im¬ 
provement.  Whoever  shall  tear  up  or  injure  any  pavement,  side¬ 
walk,  cross  walk,  drain  or  sewer,  or  shall  hinder  or  obstruct  the 
making  or  repairing  of  the  same,  or  of  any  other  public  work  or 
improvement  being  done  under  city  authority,  shall  be  fined  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars  for  each  offense. 

Sec.  39.  Injury  to  buildings,  etc,— Malicious  mischief. 

Whoever  shall  wilfully,  maliciously  or  negligently  destroy,  injure, 
mark,  cut  or  write  upon  or  otherwise  deface  or  injure  any  public  or 
private  building,  fence,  railing  or  any  public  property  of  the  state, 
county  or  city,  or  any  private  property,  or  be  guilty  of  any  kind  of 
malicious  mischief,  shall  be  fined  not  less  than  five  dollars  nor  more 
than  one  hundred  dollars. 

Sec.  40.  Hitching  horses  to  trees,  fences,  etc.  Whoever 
shall  hitch  or  fasten  any  horse  or  other  animal  to  any  ornamental  or 
shade  tree,  or  to  any  fence  or  railing,  or  to  any  building  or  struc¬ 
ture  upon  any  street  alley  or  sidewalk,  shall  be  fined  not  less  than 
three  dollars  nor  more  than  fifty  dollars. 

Sec.  41.  Trespassing  and  carry lug  away  fruits,  etc.  Who¬ 
ever  shall  trespass  upon  any  private  premises  or  public  ground,  and 
injure,  destroy  or  carry  away  any  flower,  fruit,  vegetable,  plant,, 
shrub,  tree  or  other  thing,  which  may  be  there  for  ornament  or 
otherwise,  shall  be  subject  to  a  penalty  of  not  less  than  three  dol¬ 
lars  and  not  exceeding  one  hundred  dollars. 

Sec.  42.  Trespassing  upon  private  premises.  Whoever  shall 
be  found  trespassing  upon  the  premises  of  another  within  said  city, 
shall  be  fined  not  less  than  three  nor  exceeding  fifty  dollars. 

Sec.  43.  Posting  bills,  etc.  Whoever  shall,  without  the  con¬ 
sent  of  the  owner  or  occupant  of  the  premises,  post  or  place  any 
handbill,  show  bill,  placard  or  notice,  or  paint  any  sign  or  adver- 


92 


REVISED  ORDINANCES 


tisement  upon  any  tree,  fence,  wall,  barn,  outhouse,  telephone,  tele¬ 
graph,  electric  light  or  street  railway  pole,  or  building  of  any  kind, 
shall  be  fined  not  less  than  three  dollars  nor  more  than  one  hundred 
dollars. 

Sec.  44.  Ball  playing  Upon  streets,  etc.  Whoever  shall  play 
at  ball,  cricket  or  other  game  wherein  a  ball  is  used,  upon  any 
street,  alley  or  upon  any  public  ground  or  place,  or  upon  any  pri¬ 
vate  premises  without  the  consent  of  the  owner,  or  occupant  thereof, 
shall  be  fined  in  any  sum  not  less  than  three  and  not  exceeding  ten 
dollars. 

Sec.  45.  Vehicles  standing  on  streets.  Whoever  shall  leave 
any  sled,  cart,  dray,  buggy  or  other  vehicle,  standing  in  or  upon 
any  street  or  alley  of  said  city,  when  the  same  is  not  in  use,  shall 
for  each  offense  be  fined  not  less  than  three  and  not  exceeding  ten 
dollars. 

Sec.  46.  Meddling  with  fire  hydrant.  Whoever  shall,  unless 
authorized  by  the  waterworks  committee,  the  chief  of  the  fire  de¬ 
partment,  or  the  mayor  of  the  city,  take  water  from  any  public  fire 
plug  or  hydrant,  or  shall  remove  the  cover  from  the  same,  or  place 
any  earth  or  other  material  in  any  such  fire  plug  or  hydrant,  or  in 
the  box  or  appendage  thereto,  or  shall  in  any  other  manner  inter¬ 
fere  with  or  injure  the  same,  shall  be  fined  not  less  than  three 
dollars,  nor  more  than  one  hundred  dollars.  This  section  not  to 
apply  to  the  legitimate  use  of  such  fire  plugs  or  hydrants  by  any 
fire  company  of  said  city. 

Sec.  47.  Vagrants.  Any  person  able  to  work  and  support 
himself  by  an  honest  and  respectable  calling,  not  having  visible 
means  of  support,  who  shall  live  idly  without  lawful  employment,  or 
shall  loiter  or  stroll  about  begging,  or  shall  stroll  or  loiter  about 
the  streets  or  railroad  depots,  or  railroad  grounds,  or  sleep  in  rail¬ 
road  cars,  or  be  found  therein,  or  frequent  gaming  houses,  disorderly 
or  bawdy  houses,  groceries,  tippling  houses,  or  other  place  where 
intoxicating  liquors  are  sold,  or  shall  otherwise  lead  an  idle  or  prof¬ 
ligate  course  of  life;  or  any  person  who  shall  keep  any  gaming 
house,  or  keep  or  exhibit  any  gaming  implements  for  the  purpose  of 
gaming  therewith,  or  shall  pursue  gaming,  or  who  shall  keep, 
maintain  or  be  an  inmate  of  any  house  of  prostitution,  or  who  shall 
have  in  his  possession  any  implements  used  for  counterfeiting,  or 


OF  THE  CITY  OF  MT.  PULASKI. 


93 

for  the  commission  of  burglary,  or  for  picking  locks  or  pockets,  or 
any  implement  or  device  used  by  cheats  and  swindlers,  without 
being  able  to  give  an  account  of  his  possession  of  the  same,  or  who 
shall  trespass  upon  private  property,  or  who  shall  sleep  in  sheds, 
stables,  outhouses,  or  in  the  open  air,  without  being  able  to  give  a 
good  account  of  himself,  shall  be  deemed  a  vagrant,  and  shall  be 
subject  to  a  penalty  of  not  less  than  ten  dollars,  and  not  exceeding 
one  hundred  dollars. 

Sec.  48.  Idling  about  depots — Interfering  with  property , 
etc.  Any  person  who  shall  idle,  loaf  or  loiter  in  or  around  the 
depot  of  any  railway,  or  upon  the  platforms  or  grounds  adjoining 
thereto  and  used  in  connection  therewith;  or  shall  in  any  manner 
impede,  obstruct  or  disturb  any  officer  or  employe  of  such  railway 
while  engaged  in  performing  his  lawful  business  connected  there¬ 
with;  or  shall  in  any  manner  molest,  disturb,  meddle  with,  or  take 
or  carry  away  any  property  of  such  company,  or  any  property  in 
course  of  transportation  thereon,  without  permission  from  the 
proper  agents  or  servants  of  the  company  operating  said  railway; 
or  shall  in  any  manner  interfere  with  or  disturb  any  passenger  or 
traveler  in  or  about  such  depot,  platform  or  grounds,  or  other  person 
having  lawful  business  to  transact  there,  shall  in  either  case  be 
guilty  of  a  misdemeanor  and  be  fined  not  less  than  three  dollars, 
nor  more  than  one  hundred  dollars. 

Sec.  49.  Minors  to  keep  Off  cars,  etc.  Any  minor  or  other- 
person  who  shall  climb,  jump,  step,  stand  upon,  cling  to,  or  in  any 
way  attach  himself  to  any  locomotive,  engine  or  car,  either  station¬ 
ary  or  in  motion,  upon  any  part  of  the  track  of  any  railroad,  unless 
in  so  doing,  he  shall  be  acting  in  compliance  with  law,  or  by  per¬ 
mission  under  the  lawful  rules  and  regulations  of  the  corporation 
then  owning  or  managing  such  railroad,  shall  be  fined  not  less  than 
three  dollars  and  not  exceeding  twenty  dollars. 

Sec.  50.  Billboards — When  a  nuisance.  Whoever  shall  erect, 
keep  or  maintain  any  bill-board  for  advertising  upon  in  any  public 
ground  or  place,  or  upon  any  private  premises  adjacent  to  any  side¬ 
walk,  street  or  footway,  the  same  being  so  erected  as  to  occasion 
danger  or  inconvenience  to  the  public,  shall  be  deemed  guilty  of  a 
nuisance,  and  be  fined  not  less  than  five  dollars,  nor  more  than 
twenty  dollars. 


94 


REVISED  ORDINANCES 


Sec.  51.  Attempt  to  commit  offense.  Whoever  attempts  to 
commit  any  offense  prohibited  by  ordinance,  and  does  any  act 
toward  it  but  fails,  or  is  intercepted  or  prevented  in  its  execution, 
where  no  express  provision  is  made  by  ordinance  for  the  punishment 
of  such  attempt,  shall,  on  conviction  of  such  attempt,  be  subject  to 
the  same  penalty  as  by  ordinance  prescribed  for  the  actual  commis¬ 
sion  of  the  offense. 

Sec.  52.  Accessories,  etc  Whoever  aids,  abets,  assists,  ad¬ 
vises,  or  encourages  the  commission  of  any  act  prohibited  by  ordi¬ 
nance,  or  by  any  indirect  means  procures  any  such  offense  to  be 
committed,  or  whoever  commits  an  offense  through  the  intervention 
of  an  agent,  servant,  employe  or  person  under  his  control,  shall 
be  deemed  guilty  to  the  same  extent,  and  may  be  proceeded  against 
in  the  same  manner  as  though  said  offense  had  been  committed  by 
him  directly  and  with  his  own  hand.  And  any  such  agent,  servant 
or  other  person  doing  any  prohibited  act  for  and  on  behalf  of 
another  shall  be  deemed  guilty  of  such  act  equally  with  his  employer 
or  principal,  and  be  subject  to  the  same  penalty,  except  in  such 
cases  where  a  different  or  other  penalty  is  provided  by  ordinance 
for  such  agent  or  employe. 

Sec.  53.  Prostitutes  loitering  on  streets,  etc.  Any  lewd 
woman  or  prostitute  who  shall  in  any  manner  ply  her  vocation  upon 
the  streets,  alleys,  public  places  or  parks  of  said  city  by  loitering  or 
in  any  manner  soliciting  to  acts  of  lewdness,  or  who  shall  be  found 
loitering  on  the  streets  during  the  night  time,  shall,  upon  conviction, 
be  fined  in  any  sum  not  less  than  three  dollars,  nor  more  than  one 
hundred  dollars  for  each  offense. 

Sec.  54.  Dangerous  sports,  kite  flying,  etc.  No  boy  or  oth¬ 
er  person,  shall,  in  the  inhabited  part  of  the  city,  use  or  drive  any 
hoop,  or  play  with  any  ball,  or  use  any  bow  and  arrow,  or  raise  and 
fly  any  kite  or  smoke  or  fire  balloon,  or  fire,  explode  or  set  off  any 
fire  arms,  fire  balls,  fire  crackers,  torpedoes,  rockets,  or  other  fire 
works,  or  shall  otherwise  pursue  any  amusement  or  exercise  calcu¬ 
lated  to  impede  travel  or  frighten  animals,  or  injure  or  annoy 
persons  passing  along  the  streets  or  sidewalks,  under  a  penalty  not 
exceeding  five  dollars  in  each  case. 

Sec.  55.  Voting  illegally,  etc. — Penalty.  Any  person  who 

shall  illegally  vote  at  any  election  within  said  city,  or,  being  a  legal 


OF  TIIE  CITY  OF  MT.  PULASKI. 


95 


voter,  shall  vote  or  attempt  to  vote  a  second  time  at  the  same  elec¬ 
tion,  or  shall  knowingly  vote  or  attempt  to  vote  more  than  one 
ticket  at  such  election,  unless  as  otherwise  provided  by  statute, 
shall  in  each  case  be  subject  to  a  penalty  of  not  less  than  twenty- 
live  dollars,  nor  more  than  two  hundred  dollars. 

Sec.  56.  Encouraging  illegal  voting— Penalty.  Whoever 
shall,  within  said  city,  aid,  abet  or  encourage  any  person  to  vote  or 
attempt  to  vote  illegally,  at  any  election,  shall  be  subject  to  a  fine 
of  not  less  than  twenty-five  dollars,  nor  more  than  two  hundred 
dollars  for  each  offense. 

Sec.  57.  Misbehavior  of  judge  or  clerk  of  election— Penalty. 
Any  judge  or  clerk  of  any  city  election  who  shall  knowingly  receive 
any  illegal  vote,  or  shall  knowingly  permit  any  person  to  vote  more 
than  one  ballot,  or  shall  be  guilty  of  any  fraud,  corruption  or  par¬ 
tiality,  or  misbehavior  in  the  discharge  of  his  duties  as  such  judge 
or  clerk,  or  shall  knowingly  neglect  or  refuse  to  discharge  or  per¬ 
form  any  duties  legally  required  of  him  as  such  judge  or  clerk,  shall 
be  subject  to  a  penalty  of  not  less  than  twenty-five  dollars,  nor  more 
than  two  hundred  dollars  for  each  offense. 

Sec.  58.  Judge  or  clerk  taking  liquor  to  polls  to  give  away 
— Penalty.  Any  judge  or  clerk  who  shall  take  for  the  purpose  of 
using  or  giving  away,  any  intoxicating  or  malt  liquor  to  the  polls 
or  place  of  voting  at  any  election  held  within  said  city,  shall  be 
subject  to  a  penalty  of  not  less  than  ten  dollars,  nor  more  than  fifty 
dollars  for  each  offense. 

Sec.  59.  Trespassing  upon  school  property— Penalty.  No 

person  shall  go  upon,  into,  pass  through  or  over  any  property  or 
premises  used  for  school  purposes,  within  said  city,  under  a  penalty 
of  not  less  than  three  dollars,  and  not  more  than  twenty  dollars: 
Provided,  that  this  section  shall  not  be  so  construed  as  to  apply  to 
children  while  attending  school,  or  teachers,  janitors  and  such  oth¬ 
er  persons  as  may  go  upon  such  property  or  premises  for  the  trans¬ 
action  of  any  lawful  business. 

Sec.  60.  Trespassing  in  cemetery— Penalty.  Whoever  shall 
carry  away  or  remove  or  shall  wilfully,  maliciously  or  negligently 
break,  destroy  or  otherwise  injure  any  monument,  tombstone,  tree, 
shrub,  flower,  railing,  fence  or  other  property,  article  or  thing  be¬ 
longing  to  any  cemetery  or  burial  ground  within  the  city,  or  to  the 


96 


REVISED  ORDINANCES 


owner  of  any  lot  therein,  or  placed  or  erected  therein  for  ornament 
or  otherwise,  or  shall  trespass  upon  or  maltreat  any  grave  or  tomb 
therein,  shall  be  subject  to  a  fine  of  not  less  than  five  dollars,  nor 
more  than  one  hundred  dollars,  and  in  addition  thereto,  the 
expenses  which  may  be  necessary  to  repair  the  injuries  committed 
shall  be  added  to  the  penalty  and  included  in  the  judgment. 

Sec.  61.  Removing  corner  stone — Penalty .  Any  person  who 
shall  wilfully  or  heedlessly  change,  remove  or  destroy  any  stone, 
stake  or  post,  set  or  placed  to  mark  the  corner  of  any  lot  or  parcel  of 
ground,  street  or  alley,  or  to  show  the  grade  of  any  street,  alley  or 
sidewalk  of  the  city,  shall,  on  conviction,  be  fined  not  less  than  five 
dollars,  nor  more  than  fifty  dollars  for  each  offense. 

Passed  the  5th  day  of  April,  A.  D.  1897. 

Approved  the  5th  day  of  April  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 

H.  B.  Capps,  City  Clerk. 


OF  THE  CITY  OF  MT.  PULASKI. 


97 


CHAPTER  XXII. 


NUISANCE. 


Section  1. 


£  £ 

2. 

£ £ 

3. 

i ; 

4. 

i  i 

5. 

£  £ 

6. 

£  £ 

7. 

£  £ 

8. 

£  £ 

9. 

£  £ 

10. 

£  i 

11. 

£  £ 

12. 

£  £ 

13. 

£  £ 

14. 

£  £ 

15. 

£  £ 

16. 

£  t 

17. 

£  £ 

18. 

£  £ 

19. 

£  £ 

20. 

Pens  and  stables. 

Accumulation  of  manure — A  nuisance. 

Suffering  premises  to  become  foul. 

Foul  liquors,  etc. 

Dead  animals. 

Removal  of  dead  animals. 

Trap  doors,  grating,  etc. 

Operating  slaughter  houses,  etc.,  in  offensive  man¬ 
ner. 

Stagnant  water. 

Dilapidated  buildings. 

Ordinance  for  abatement. 

Notice  to  owner — Building  to  be  destroyed. 

Report  of  cost  of  abatement — Suit  against  owner. 
Penalty  for  not  obeying  notice. 

Building  in  danger  of  falling. 

Duty  of  mayor. 

Dangerous  scaffolds,  etc. 

Duty  of  police — Notice — Cost  of  abatement,  etc. 
Where  owner  or  author  of  nuisance  is  unknown  or 
cannot  be  found. 

Not  to  erect  any  stable,  etc.,  near  any  street,  etc. 


Section  1.  Pens  and  stables.  Be  it  ordained  by  the  city 
council  of  the  city  of  Mt.  Pulaski:  That  any  pen,  stable,  lot, 
place  or  premises  in  which  any  animal  or  poultry  may  be  kept  or 
confined,  and  which  shall  become  nauseous,  foul  or  offensive  or  from 
any  cause  become  an  annoyance  to  the  neighborhood  or  any  family 
or  person,  shall  be  deemed  a  nuisance.  And  rhe  owner  or  keeper 
of  any  such  animals  or  poultry,  or  the  owner  or  occupant  of  such 
premises,  who,  upon  being  notified  by  any  police  or  other  officer  of 


98 


REVISED  ORDINANCES 


said  city  to  abate,  remedy  or  remove  such  nuisance,  within  a  time 
to  be  specified  in  said  notice  shall  neglect  or  refuse  so  to  do,  within 
the  time  specified,  shall  be  fined  not  less  than  three  dollars,  nor 
more  than  one  hundred  dollars,  and  he  shall  be  subject  to  a  like  pen¬ 
alty  for  each  day  he  shall  suffer  or  permit  such  nuisance  to  remain 
after  the  expiration  of  the  time  fixed  by  said  notice  for  the  abate¬ 
ment  of  the  same. 

Sec.  2.  Accumulation  of  manure — A  nuisance.  Whoever 
shall  suffer  to  accumulate  on  any  premises  owned  or  controlled  by 
him  any  heap  or  stack  of  manure  in  such  manner  as  to  emit  noxious, 
disagreeable  or  offensive  smells,  to  the  annoyance  of  any  person  or 
family,  or  whoever  shall  place  any  such  manure  upon  any  public 
street,  alley  or  common,  shall  be  deemed  guilty  of  a  nuisance.  And 
if  such  person  upon  being  notified  by  any  police  or  other  officer  of 
said  city  to  abate  or  remove  such  nuisance,  within  a  time  to  be  spec¬ 
ified  in  such  notice,  shall  neglect  or  refuse  so  to  do,  he  shall  be  fined 
not  less  than  three  dollars,  nor  more  than  fifty  dollars,  and  he  shall 
be  subject  to  a  like  penalty  for  each  day  he  shall  suffer  or  permit 
■such  nuisance  to  remain  after  the  expiration  of  the  time  fixed  by 
the  said  notice  for  the  abatement  of  the  same. 

Sec.  3.  Suffering  premises  to  become  foul.  Whoever  shall 
suffer  or  permit  any  cellar,  vault,  drain,  pool,  privy,  sewer,  yard, 
grounds  or  premises  owned,  occupied  or  controlled  by  him,  to  be¬ 
come  from  any  cause  nauseous,  foul  or  offensive,  or  injurious  to  pub¬ 
lic  health,  or  unpleasant  and  disagreeable  to  adjacent  residents,  or 
to  any  person  passing  along  any  street  or  alley  near  the  same,  shall 
be  deemed  guilty  of  a  nuisance;  and  if  such  person,  upon  being  noti¬ 
fied  by  any  police  or  other  officer  to  abate,  remedy  or  remove  such 
nuisance,  within  a  time  to  be  specified  in  said  notice,  shall  neglect 
or  refuse  so  to  do,  he  shall  be  fined  not  less  than  three  dollars,  nor 
more  than  one  hundred  dollars;  and  he  shall  be  subject  to  a  like 
penalty  for  each  day  he  shall  suffer  or  permit  such  nuisance  to  re¬ 
main  after  the  expiration  of  the  time  fixed  by  said  notice  for  the 
abatement  of  the  same. 

Sec.  4.  Foul  liquors,  etc.  Whoever  shall  place,  deposit,  throw, 
leave  or  permit  to  remain,  or  shall  cause  or  permit  to  flow,  liquid, 
slops,  animal  or  vegetable  matter  or  substance  of  any  kind,  which 
is,  or  is  likely  to  become  rotten,  foul,  nauseous,  putrid  or  offensive, 


OF  THE  CITY  OF  MT.  PULASKI. 


99 


in  or  upon  any  premises  owned,  controlled  or  occupied  by  him,  or 

into  or  upon  any  adjacent  premises,  or  upon  the  premises  of  another 

person,  or  into  any  street,  alley  or  common,  shall  be  guilty  of  a 

nuisance,  and  shall  be  fined  not  less  than  three  dollars,  nor  more 

than  one  hundred  dollars. 

» 

Sec.  5.  Dead  animals.  Whoever  shall  knowingly  suffer  any 
dead  animal  belonging  to  him  or  under  his  control  to  remain  within 
said  city,  or  within  one-half  mile  from  the  limits  thereof,  so  as  to  be, 
or  likely  to  become  offensive  in  any  manner  to  any  person,  shall  be 
deemed  guilty  of  a  nuisance,  and  shall  be  fined  not  less  than  three 
dollars,  nor  more  than  one  hundred  dollars. 

Sec.  6.  Removal  of  dead  animals.  Any  person  removing  any 
dead  animal,  who  shall  purposely  or  unnecessarily  cause  the  same 
to  be  offensive  or  annoying  to  any  other  person,  shall  be  subject  to 
a  penalty  of  not  less  than  three  dollars,  nor  more  than  one  hundred 
dollars;  and  no  animal  shall  be  buried  within  the  corporate  limits  of 
said  city  under  a  penalty  of  not  less  than  three  dollars,  nor  more 
than  one  hundred  dollars. 

Sec.  7.  Trap  doors ,  grating ,  etc.  Whoever  shall  keep  or 
leave  open,  or  suffer  to  be  left  or  kept  open,  any  cellar  door,  or  trap 
door,  or  the  grating  of  any  vault,  in  or  upon  any  sidewalk,  street 
or  alley,  shall  be  deemed  guilty  of  a  nuisance,  and  shall  be  fined  not 
less  than  three  dollars,  nor  more  than  one  hundred  dollars. 

Sec.  8.  Operating  slaughter  houses,  etc.  in  offensive  man¬ 
ner.  Whoever  shall  conduct,  keep,  maintain  or  operate  any  slaugh¬ 
ter  house,  packing  house,  soap  factory,  tallow  chandlery,  bone  fac¬ 
tory  or  other  establishment  for  rendering  lard,  tallow,  offal,  dead 
animals,  or  other  substance  of  a  like  nature,  within  the  limits  of 
said  city,  or  within  one  mile  of  said  limits,  in  such  a  manner  that 
the  said  premises  shall  become  foul  or  offensive,  or  shall  emit  or  give 
out  bad,  offensive  or  unwholesome  smells  or  odors,  to  the  annoyance 
or  detriment  of  any  community,  family  or  person,  shall  be  deemed 
guilty  of  a  nuisance.  And  if  such  person,  upon  being  notified  by 
any  police  or  other  officer  of  said  city,  to  renovate  or  cleanse  said 
premises,  or  to  abate,  remedy  or  remove  such  nuisance,  within  a 
time  to  be  specified  in  said  notice,  shall  neglect  or  refuse  so  to  do, 
he  shall  be  fined  not  less  than  five  dollars  nor  more  than  one  hun¬ 
dred  dollars;  and  he  shall  be  subject  to  a  like  fine  for  each  day  he 


100 


REVISED  ORDINANCES 


shall  suffer  or  permit  such  nuisance  to  remain  after  the  time  fixed 
in  said  notice  for  the  abatement  of  the  same. 

Sec.  9.  Stagnant  water.  Any  lot  or  premises  upon  which 
stagnant  water  may  be  standing,  and  which  is,  or  is  likely  to  be¬ 
come  foul  and  offensive  to  any  person  residing  near  the  same,  or  to 
persons  passing  by  the  same,  is  hereby  declared  a  nuisance.  And 
the  owner,  occupant  or  person  having  control  of  such  lot  or  premi¬ 
ses,  who  shall  not  abate,  remedy  or  remove  such  nuisance  when  no¬ 
tified  so  to  do  by  the  marshal  or  other  police  officer  of  said  city, 
within  the  time  in  such  notice  specified,  shall  be  deemed  guilty  of  a 
■nuisance,  and  be  fined  not  less  than  three  dollars  nor  more  than  one 
'hundred  dollars;  and  he  shall  be  subject  to  a  like  penalty  for  each 
day  he  shall  permit  such  nuisance  to  remain  after  the  expiration  of 
the  time  fixed  in  said  notice  for  the  abatement  of  the  same. 

Sec.  10.  Dilapidated  buildings.  Any  wooden  building  or 
nvooden  part  of  any  building  which  may  be  situated  within  thirty 
feet  of  any  contiguous  building,  and  which  may  be  in  danger  of  be¬ 
coming  on  fire  or  setting  on  fire  any  contiguous  building,  by  reason  of 
being  dilapidated,  out  of  repair  or  untenantable,  or  by  reason  of  any 
fireplace,  grate,  stovepipe,  furnace  or  chimney,  or  any  other  struc¬ 
ture  or  apparatus  therein  used  or  intended  to  be  used  for  the  pur¬ 
pose  of  holding,  conducting  or  securing  any  fire,  being  insufficient 
-or  being  improperly  or  insufficiently  secured,  is  hereby  declared  a 
.nuisance. 

"Sec.  11.  Ordinance  for  abatement.  When  any  such  building 
or  part  of  a  building  shall  be  reported  to  the  city  council,  the  same 
shall  be  referred  to  the  appropriate  committee,  who  shall  examine 
such  building  or  part  of  a  building,  and  report  the  condition  there¬ 
of;  and  if  the  city  council  shall  be  satisfied  that  such  building  is 
within  thirty  feet  of  any  contiguous  building,  or  in  danger  of  be¬ 
coming  on  fire  or  setting  fire  to  any  contiguous  building,  by  reason 
of  any  of  the  causes  mentioned  in  the  last  preceding  section,  they 
may,  by  the  passage  of  an  ordinance,  declare  such  building  or  part 
of  building  to  be  a  nuisance,  stating  the  cause  thereof,  and  require 
the  owner  or  occupant  of  such  building  or  part  of  a  building,  or 
other  person  liable  therefor,  to  remove  such  building  without  the 
city  limits,  or  to  make  good  and  properly  secure  any  such  fire-place, 
grate,  stove,  stovepipe,  furnace  or  chimney  or  other  structure  or 


OF  THE  CITY  OF  MT.  PULASKI. 


101 


apparatus  in  such  building  or  part  of  building,  used  or  intended  to 
be  used  for  the  purpose  of  holding,  conducting  or  securing  any  fire, 
or  require  him,  her  or  them  otherwise  to  abate  such  nuisance  within 
such  time  as  they  may  deem  necessary. 

Sec.  12.  Notice  to  owner— Building-  to  be  destroyed.  The 
mayor  shall,  without  delay,  after  the  passage  of  such  ordinance  as 
mentioned  in  the  last  preceding  section,  make  out,  sign  and  deliver 
to  the  marshal  a  notice  containing  a  copy  of  such  ordinance, 
directed  to  the  owner  of  such  building  or  part  of  a  building,  requir¬ 
ing  him  to  remove  the  same,  or  to  make  good  and  properly  secure 
such  fire-place,  grate,  stove,  stovepipe,  furnace  or  chimney,  or  other 
structure  or  apparatus  therein,  used  or  intended  to  be  used  as  afore¬ 
said,  in  compliance  therewith.  The  marshal  shall,  without  delay, 
serve  such  notice  upon  the  owner  of  such  building  or  part  of  build¬ 
ing,  or  his  agent,  and  the  person  in  actual  occupancy  thereof,  if  any, 
retaining  a  copy  thereof;  but  if  the  owner  is  a  non-resident  of  the 
city  and  has  no  known  agent  residing  in  the  city,  the  mayor  shall 
send  the  notice  to  him  by  mail,  directed  to  him  at  the  postoffice  at 
which  he  usually  receives  his  letters,  if  known,  retaining  a  copy 
thereof.  If  no  owner  or  agent  can  be  found  in  the  city,  and  the 
owner’s  place  of  residence  is  unknown,  or  if  the  owner  is  unknown, 
the  mayor  shall  cause  the  ordinance  to  be  published  at  least  twice 
in  the  newspaper  publishing  the  ordinances  of  the  city,  which  shall 
be  deemed  sufficient  notice  to  all  persons.  If  any  such  building  or 
part  of  a  building  shall  not  be  removed,  or  such  fire-place,  stove, 
grate,  stovepipe,  furnace  or  chimney,  or  other  structure  or  appara¬ 
tus  therein,  used  or  intended  to  be  used  as  aforesaid,  shall  not  be 
made  good  and  properly  secured,  in  compliance  with  such  notice,  at 
the  expiration  of  the  time  named  therein,  the  mayor  shall  order  the 
city  marshal  to  tear  down  or  move  such  building  or  part  of  a  build¬ 
ing,  or  so  much  thereof  as  may  be  necessary,  or  in  some  other  man¬ 
ner  to  remedy  such  danger  and  abate  such  nuisance. 

Sec.  13.  Report  of  cost  of  abatement— Suit  against  owner . 
The  marshal  shall,  without  delay,  execute  the  order  of  the  mayor, 
and  shall  report  the  costs  of  so  doing,  upon  oath,  to  the  city  coun¬ 
cil,  and  the  same  may  be  collected  of  the  owner  of  the  building  or 
the  occupant  thereof,  or  any  person  liable  therefor,  by  suit  in  the 
name  of  the  city,  before  any  court  having  jurisdiction. 


102 


REVISED  ORDINANCES 


Sec.  14.  Penalty  for  not  obeying  notice.  Any  owner  of  any 
such  building,  who  shall,  when  notified  so  to  do,  neglect  or  refuse  to 
remove  the  same,  or  any  such  owner  or  any  occupant  thereof  who 
shall  neglect  or  refuse  to  make  good  or  perfectly  secure  any  such 
fire-place,  grate,  stove,  stovepipe,  furnace  or  chimney,  or  other 
■structure  or  apparatus  therein,  used  or  intended  to  be  used  as  afore¬ 
said,  or  otherwise  to  abate  such  nuisance  in  compliance  with  such 
snotice,  shall  be  subject  to  a  penalty  of  not  less  than  twenty  dollars 
.and  not  exceeding  one  hundred  dollars. 

Sec.  15.  Buildiug  in  danger  of  falling.  Any  building  or 
erection,  or  part  thereof,  which  shall  be  in  danger  of  falling,  or 
otherwise  in  such  condition  as  to  endanger  the  safety  of  persons 
passing  under  or  near  the  same,  or  residing  adjacent  thereto,  or  to 
endanger  any  property  contiguous  thereto,  is  hereby  declared  to  be 
a  nuisance. 

Sec.  16.  Duty  Of  mayor.  When  knowledge  of  any  such  dan¬ 
gerous  building  or  erection  shall  come  to  the  mayor,  he  shall,  with¬ 
out  delay,  summon  three  disinterested  citizens  of  the  city,  who 
■shall  with  him  inspect  such  building  or  erection,  and  if  they,  or  a 
majority  of  them,  shall  be  of  the  opinion  that  the  same  endangers 
the  safety  of  persons  passing  under  or  near  the  same,  or  residing 
adjacent  thereto,  or  any  property  contiguous  thereto,  the  mayor 
shall,  without  delay,  notify  or  cause  to  be  notified  the  owner  or  per¬ 
son  having  charge  of  such  building  or  erection  forthwith  to  remove, 
demolish  or  otherwise  secure  the  same,  or  such  part  thereof  as  may 
be  necessary;  and  upon  his  failing  or  refusing  to  comply  with  such 
notice,  the  mayor  shall,  without  delay,  cause  such  building  or  erec¬ 
tion,  or  such  part  thereof  as  may  be  necessary,  to  be  removed,  de¬ 
molished  or  otherwise  secured,  so  as  to  be  safe  and  harmless,  and 
the  owner  of  such  building  or  erection,  or  person  having  charge  of 
the  same,  who  shall  fail  or  refuse  to  comply  with  such  notice,  shall 
be  subject  to  a  penalty  of  not  less  than  twenty  dollars  and  not  ex¬ 
ceeding  one  hundred  dollars;  and  the  cost  of  removing,  demolishing 
or  securing  such  building  or  erection  shall  be  reported  to  the  city 
council  by  the  mayor,  and  the  same  may  be  collected  of  the  owner 
of  such  building  or  erection,  or  person  having  the  same  in  charge, 
by  suit  in  the  name  of  the  city,  before  any  court  having  jurisdiction. 


Sec.  17.  Dangerous  scaffolds ,  etc.  All  scaffolds  or  other 


OF  THE  CITY  OF  MT.  PULASKI. 


103 


erections  used  in  the  erection  of  any  building  shall  be  made  secure 
and  sufficiently  wide  to  insure  the  safety  of  persons  working  there¬ 
on  or  passing  under  the  same,  against  the  falling  thereof,  or  of  ma¬ 
terial  placed  thereon.  Any  scaffold  or  other  erection  which  may  be 
otherwise  constructed  shall  be  deemed  a  nuisance,  and  whoever 
shall  construct  or  use  any  such  insecure  or  dangerous  scaffold  or 
other  erection  shall  be  subject  to  a  penalty  of  not  less  than  ten  dol¬ 
lars  and  not  exceeding  one  hundred  dollars;  and  upon  his  refusal 
to  remedy  or  remove  the  same  forthwith,  when  required  by  the 
mayor  or  any  police  officer,  the  officer  shall  cause  the  same  to  be  done, 
and  the  costs  of  such  removal  or  remedy  shall  be  collected  of  the 
owner  or  builder,  or  person  having  control  thereof,  and  recovered 
by  suit  in  the  name  of  the  city,  before  any  court  having  jurisdiction. 

Sec.  18.  Duty  of  police— Notice— Cost  of  abatement ,  etc . 
When  any  nuisance,  or  anything  likely  to  become  a  nuisance,  shall 
be  found  by  the  city  marshal,  policeman,  member  of  the  board  of 
health  or  other  officer  of  said  city,  or  if  such  nuisance  shall  be  re¬ 
ported  to  them  or  either  of  them,  it  shall  then  be  the  duty  of  the 
city  marshal  to  serve;  or  cause  to  be  served,  a  notice  upon  the  own¬ 
er,  tenant  or  occupant  of  the  premises  where  such  nuisance  exists, 
or  the  author  of  the  same,  thereby  notifying  him  to  abate,  remedy 
or  remove  the  same  within  a  certain  time,  to  be  specified  in  said 
notice,  which  shall  not  be  less  than  twelve  hours  nor  more  than 
thirty  days,  owing  to  the  nature  or  character  of  the  nuisance  com¬ 
plained  of.  In  case  the  person  so  notified  shall  not  comply  with 
said  notice,  the  marshal  or  any  police  officer  of  said  city  shall  enter 
upon  the  premises  where  such  nuisance  exists,  and  abate,  remedy 
or  remove  the  same,  and  shall  forthwith  bring  suit  against  such 
person,  in  the  name  of  the  city,  for  the  penalty  incurred  by  the  vio¬ 
lation  of  this  chapter,  or  any  section  thereof;  and  the  costs  of  the 
abatement  or  removal  of  such  nuisance  may  also  be  recovered  with 
the  penalty,  or  by  a  separate  suit,  in  the  name  of  the  city,  before 
any  court  having  jurisdiction. 

Sec.  19.  Where  owner  or  author  of  nuisance  is  unknown 
or  cannot  be  found.  When  any  nuisance,  or  anything  likely  to 
become  a  nuisance,  is  found  upon  any  premises,  and  the  owner, 
tenant  or  occupant  of  said  premises,  or  the  author  or  cause  of  such 
nuisance,  cannot  be  found  or  is  unknown,  the  city  marshal  or  any 
police  officer  of  said  city  shall  forthwith  enter  upon  said  premises 


104 


REVISED  ORDINANCES 


and  abate,  remove  such  nuisance.  The  city  marshal  shall  report  to 
the  city  council  the  cost  and  expense  of  the  abatement  of  such  nui¬ 
sance,  and  a  suit  to  recover  the  amount  thereof  shall  be  instituted 
in  the  name  of  the  city  against  the  owner  or  occupant  of  said  prem¬ 
ises  or  against  the  author  of  such  nuisance  in  any  court  of  compe¬ 
tent  jurisdiction  where  he  shall  be  found. 

Sec.  20.  Not  to  erect  any  stable,  etc.,  near  any  street,  etc,. 

It  shall  be  unlawful  for  the  owner  of  any  lot,  part  of  lot  or  parcel 
of  land  within  the  city  to  erect,  build  or  locate  thereon  any  stable, 
pig-sty  or  privy  nearer  than  twenty  feet  to  any  street,  avenue, 
park  or  public  ground  in  said  city.  Any  person  who  shall  violate 
the  provisions  of  this  section  shall  be  fined  in  any  sum  not  less  than 
three  dollars,  nor  more  than  fifty  dollars. 

Passed  the  5th  day  of  April  A.  D.  1897 

Approved  the  5th  day  of  April  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 

H.  B.  Capps,  City  Clerk 


OF  THE  CITY  OF  MT.  PULASKI. 


105 


Section  1. 
“  2. 

3. 

“  4. 

“  5. 

“  6. 

“  7. 

“  8. 

“  9. 

“  10. 

“  11. 

“  12. 

“  13. 

“  14. 

“  15. 

“  16. 

“  17. 

“  18. 

“  19. 

“  20. 

“  20±. 
“  204. 

“  21. 

“  22. 

“  23. 

“  24. 

“  25. 

“  26. 

“  27. 

“  28. 

“  29. 

“  30. 

“  31. 


CHAPTER  XXIII. 

OFFICERS. 

Officers  appointed. 

Oath  of  office. 

Official  bond. 

Sureties — City  attorney  to  prepare  bond — New  bond. 
Commissions. 

Officers  to  pay  money  over. 

Salaries  payable — When. 

Record  of  city  open  to  inspection. 

Officers  absent. 

Removal  or  absence  from  city. 

Liability  of  officers  for  damage. 

Duties  of  city  attorney. 

Fees  and  salary  of  city  attorney. 

Duties  of  city  treasurer. 

Duties  of  city  treasurer,  continued. 

Duties  of  city  treasurer,  continued. 

City  treasurer  to  keep  money  separate. 

Annual  account,  etc. 

How  warrants  drawn,  to  be  signed,  etc. 

Special  funds. 

Duty  of  city  clerk. 

Fees  and  salary  of  city  clerk. 

Duties  of  street  commissioner. 

Powers  and  duties  of  street  commissioner. 

Duties  of  street  commissioner,  continued. 

Duties  of  street  commissioner,  continued. 

Powers  and  duties  of  city  marshal. 

Marshal  not  to  perform  other  duties,  etc. 

Fees  and  salary  of  city  marshal. 

Powers  and  duties  of  police  magistrate. 

Duties  and  reports  of  police  magistrate. 

Fees  and  salary  of  police  magistrate. 

Powers  and  duties  of  night  watchman. 


106 


REVISED  ORDINANCES 


32.  Fees  and  salary  of  night  watchman. 

33.  Retiring  officers  to  deliver  papers,  etc.,  to  successors. 

— Penalty. 

*/ 

34.  Contracts — How  let. 

35.  Salary  of  mayor  and  alderman. 

36.  No  officer  to  be  interested  in  any  contract. 


Section  l.  Officers  appointed.  Be  it  ordained  by  the  city 
council  Of  the  city  Of  Alt.  Pulaski:  That  there  shall  be  appointed 
annually  by  the  mayor,  with  the  approval  of  the.  city  council,  the 
following  city  officers,  viz:  A  city  marshal  and  such  members  of 
police  as  the  city  council  may  by  resolution  deem  necessary  and  ex¬ 
pedient;  a  night  watchman,  superintendent  of  the  water  supply  de¬ 
partment,  street  commissioner,  sexton  and  city  collector. 

Sec.  2.  Oath  of  office.  All  officers  whether  elected  or  appoint¬ 
ed.  shall  before  entering  upon  the  duties  of  their  respective  offices, 
take  and  subscribe  the  following  oath  or  affirmation : 

“I  do  solemnly  swear  (or  affirm  as  the  case  may  be)  that  I  will 
support  the  constitution  of  the  United  States  and  the  constitution 
of  the  State  of  Illinois,  and  that  I  will  faithfully  discharge  the  duties 

of  the  office  of . . according  to  the  best  of  my 

ability.” 

Sec.  3.  Official  bond.  All  officers,  whether  elected,  or  ap¬ 
pointed,  (except  aldermen)  shall,  before  entering  upon  the  duties  of 
their  respective  offices,  execute  a  bond,  with  security  to  be  approved 
by  the  city  council,  payable  to  the  city  of  Mt.  Pulaski,  in  such  penal 
sum  as  may  by  resolution  or  ordinance  be  directed,  conditioned  for 
the  faithful  performance  of  the  duties  of  the  office  and  the  payment 
of  all  moneys  received  by  such  officer,  according  to  the  law  and  the 
ordinances  of  said  city:  Provided,  However,  that  in  no  case  shall 
the  mayor’s  bond  be  fixed  at  a  less  sum  than  three  thousand  dollars, 
nor  shall  the  treasurer’s  bond  be  fixed  at  a  less  sum  than  the  amount 
of  the  estimated  tax  and  special  assessments  for  the  current  year; 
which  bonds  shall  be  filed  with  the  clerk  (except  the  bond  of  the 
clerk,  which  shall  be  filed  with  the  treasurer.) 

Sec.  4.  Sureties — City  attorney  to  prepare  bond— New 
bond.  No  member  of  the  city  council  or  officer  of  the  city  shall  be 
received  as  surety  on  the  official  bond  of  any  city  officer  hereby 
created  and  provided  for,  and  herein  required  to  execute  bond  as 
-city  officer.  All  official  bonds  shall  be  drawn  by  the  city  attorney ^ 


OF  THE  CITY  OF  MT.  PULASKI. 


107 


or  submitted  to  him  after  being  drawn  up,  for  his  approval  of  the 
form  thereof,  and  shall  then  be  submitted  to  the  city  council  for 
their  approval,  which,  when  given,  the  city  clerk  shall  certify 
thereon,  and  shall  file  and  preserve  the  same  in  his  office  (except 
the  bond  of  the  city  clerk,  which  shall  be  filed  with  the  city  treas¬ 
urer.)  The  city  council  may  at  any  time  require  a  new  bond  to  be 
executed  by  any  city  officer,  if  from  any  cause  they  shall  deem  the 
old  bond  insufficient,  or  the  securities  thereon;  but  the  execution 
of  such  new  bond  shall  not  in  any  manner  affect  any  liability,  loss 
or  damage  incurred  under  the  old  bond,  or  release  the  sureties  from 
any  liability  incurred  thereon.  All  bonds  or  contracts  shall  be 
written  or  printed,  or  partly  both,  in  a  plain  and  legible  manner. 

Sec.  5.  Commissions.  All  officers  (except  the  clerk,  aldermen 
and  mayor)  shall  be  commissioned  by  warrant,  under  the  corporate 
seal,  signed  by  the  clerk  and  mayor  or  presiding  officer  of  the  city 
council.  The  mayor  shall  issue  a  certificate  of  appointment  or  elec¬ 
tion,  under  the  seal  of  the  city,  to  the  clerk  thereof,  and  any  per¬ 
son  having  been  an  officer  of  the  city  shall,  within  five  days  after 
notification  of  the  election  or  appointment  of  his  successor  and  his 
qualification,  deliver  to  him  all  effects  of  every  description  in  his 
possession  belonging  to  the  city,  or  appertaining  to  his  said  office, 
and  upon  his  refusal  to  do  so  shall  be  liable  for  all  damages  caused 
thereby,  and  shall  be  subject  to  a  penalty  of  not  less  than  twen¬ 
ty-five  dollars,  and  not  exceeding  two  hundred  dollars. 

Sec.  6.  Officers  to  pay  money  over.  All  officers  collecting  or 
receiving  any  money  on  account  of  the  city  shall  pay  the  same,  as 
fast  as  collected,  into  the  city  treasury  in  the  same  kind  of  funds  as 
received  by  them,  and  shall,  on  the  fourth  Tuesday  of  each  month, 
report  to  the  city  council  an  accurate  statement  of  all  moneys  re¬ 
ceived  by  them  for  the  preceding  month,  specifying  the  amount, 
from  whom  and  what  account  received.  No  officer  shall  retain  any 
money  received  or  collected  by  him  toward  the  payment  of  any  sal¬ 
ary  or  fees  which  may  be  coming  to  him  from  the  city,  but  shall 
pay  the  same  into  the  treasury.  Any  officer  violating  any  provision 
of  this  section  shall  be  subject  to  a  penalty  of  not  less  than  ten  dol¬ 
lars,  and  not  exceeding  two  hundred  dollars. 

Sec.  7.  Salaries  payable— When.  The  salaries  of  the  city 
pfficers,  unless  otherwise  specially  provided,  shall  be  payable  month- 


108 


REVISED  ORDINANCES 


ly,  on  the  fourth  Tuesday  of  each  month,  and  they  shall  present 
their  accounts  to  the  city  council  for  adjustment  or  payment,  but 
no  warrant  shall  be  drawn  in  favor  of  any  officers  for  his  salary  un¬ 
til  he  shall  have  filed  his  report  as  herein  required,  nor  shall  any 
warrant  in  any  case  be  drawn  in  favor  of  any  officer  who  shall  be  in 
default  or  arrears  with  the  city. 

Sec.  8.  Record  of  city  open  to  inspection.  The  records, 
books  and  papers  pertaining  to  any  city  officer  shall,  at  all  reason¬ 
able  times  be  subject  to  the  inspection  and  examination  of  the  may¬ 
or,  the  city  council  or  any  of  its  committees,  or  any  person  inter¬ 
ested  in  the  same;  and  all  city  officers  shall,  when  requested,  give 
all  the  information  in  their  power  pertaining  to  their  respective 
offices,  to  the  city  council  or  any  of  its  committees,  or  any  other 
department  of  the  city  government. 

Sec.  9.  Officers  absent.  When  any  particular  officer  required 
by  ordinance  to  execute  any  particular  duty,  shall  be  absent,  or  in¬ 
competent,  or  otherwise  unable  to  discharge  such  duty,  the  mayor 
or  mayor  pro  tem.  may  assign  the  discharge  of  such  duty  to  some 
other  officer,  and  such  officer  shall  act  in  such  case  with  the  same 
power  and  authority  as  is  specially  named  in  the  ordinance. 

Sec.  10.  Removal  or  absence  from  city.  If  any  city  officer 
shall  remove  from  the  city,  or  absent  himself  therefrom  for  one 
month  without  permission  of  the  city  council  first  had  and  obtained, 
his  office  shall  be  vacant. 

Sec.  11.  Liability  of  officers  for  damage.  All  officers  shall  be 
liable  to  the  city  for  all  loss  or  damage  which  may  arise  from  neg¬ 
ligence  or  willful  misconduct  in  the  discharge  of  any  official  duty, 
and  the  city  council  may,  in  its  discretion,  by  order,  withhold  the 
salary  of  any  such  officer,  in  order  to  secure  the  city  from  loss. 
And  if  any  officer  shall  fail,  neglect  or  refuse  to  discharge  or  per¬ 
form  any  duty  required  of  him,  the  mayor  may  employ  or  appoint 
some  competent  person  to  perform  such  duty,  and  the  costs  and  ex¬ 
penses  of  doing  the  same  shall  be  charged  to  such  officer  and  de¬ 
ducted  from  his  salary,  or  if  his  salary  shall  be  insufficient  to  pay 
the  same,  they  may  be  collected  from  him  and  recovered  by  suit  in 
the  name  of  the  city,  before  any  court  having  jurisdiction. 

Sec.  12.  Duties  Of  city  attorney.  It  shall  be  the  duty  of  the 
city  attorney  to  prosecute  all  suits  for  the  recovery  of  fines  and  pen- 


OF  THE  CITY  OF  MT.  PULASKI. 


109 


alties,  before  any  court,  for  the  violation  of  any  of  the  laws  or  ordi¬ 
nances  of  said  city,  to  furnish  his  written  opinion  upon  any  legal 
question  submitted  to  him  for  such  opinion  by  the  city  council,  and 
to  attend  all  meetings  of  said  council,  when  requested  so  to  do;  and 
he  shall  also  make  any  reports  concerning  any  suits  to  which  the 
city  may  be  a  party,  whenever,  directed  so  to  do  by  the  council. 
He  shall  also  conduct  all  suits  brought  against  the  city  or  any  of  its 
officers  whenever  called  upon  so  to  do. 

Sec.  13.  Fees  and  salary  of  city  attorney.  The  city  attorney 
may  charge  and  receive  for  his  services  a  reasonable  compensation 
for  all  services  rendered.  Provided,  That  in  the  first  trial  of 
actions  before  the  police  magistrate  or  any  justice  of  the  peace  for 
the  recovery  of  any  line  due  the  city  for  a  violation  of  any  ordi¬ 
nance,  he  may  charge  and  receive  for  each  conviction,  and  in  lieu  of 
all  other  compensation  therefor,  the  sum  of  three  dollars  where  the 
fine  assessed  is  less  than  ten  dollars,  and  five  dollars  where  the  fine 
assessed  is  ten  dollars  or  more,  said  fee  to  be  assessed  and  collected 
as  other  costs,  and  if  not  so  collected  to  be  paid  out  of  the  city 
treasury  from  any  money  not  otherwise  appropriated.  Provided, 
Further,  that  in  all  cases  where  a  plea  of  guilty  is  entered  by 
parties  arrested  without  a  warrant  issuing  therefor,  no  attorney  fee 
shall  be  charged  except  as  hereinafter  provided.  In  all  cases  where 
the  party  arrested  without  warrant  fails  to  promptly  enter  the  plea 
of  guilty,  and  makes  necessary  the  filing  by  the  city  attorney  of  a 
statement  of  the  offense  charged,  notwithstanding  any  plea  of  guil¬ 
ty  that  may  thereafter  be  entered,  the  city  attorney  shall  receive 
the  sum  of  one  dollar  to  be  collected  as  costs  in  the  manner  afore¬ 
said. 

Sec.  14.  Duties  Of  city  treasurer.  The  city  treasurer  shall 
receive  all  moneys  belonging  to  the  corporation  and  shall  keep  all 
accounts  pertaining  to  the  finances  of  the  city,  either  by  single  or 
double  entry,  as  the  city  council  may  direct,  and  shall,  if  the  coun¬ 
cil  require  it,  keep  a  daybook,  journal  and  ledger,  and  such  other 
books  as  they  may  direct.  He  shall  keep  a  detailed  and  specific  ac¬ 
count  of  the  revenues  of  the  city,  keeping  an  account  with  each 
separate  fund,  crediting  the  same  with  albproper  credits,  and  charg¬ 
ing  it  with  all  appropriations  and  moneys  paid  therefrom.  He 
shall  keep  an  accurate  account  of  all  debts  due  the  city  or  owing  to 
it,  and  shall  keep  a  bill  book  in  which  he  shall  keep  a  correct  list  of 


no 


REVISED  ORDINANCES 


all  bonds,  notes  or  other  obligations  given  by  or  payable  to  the  city, 
with  the  date  thereof,  the  person  to  whom  payable  or  by  whom  ow¬ 
ing,  the  rate  of  interest,  the  time  and  manner  in  which  the  princi¬ 
pal  and  interest  are  payable,  and  such  other  particulars  as  may  be 
necessary  to  a  full  understanding  thereof. 

f 

Sec.  15.  Duties  of  city  treasurer,  continued.  The  city  treas¬ 
urer  shall  keep  an  accurate  account  with  all  city  officers,  and  all  others 
collecting  or  receiving  any  moneys,  property  or  claims  on  account 
of  the  city,  charging  them  with  all  moneys,  property  or  claims  re¬ 
ceived  by  them,  and  crediting  them  with  all  moneys  paid  into  the 
treasury,  also  with  all  accounts  or  claims  uncollected  with  which 
they  may  have  been  charged,  and  with  such  other  proper  credits  as 
they  may  be  entitled  to  upon  the  filing  of  proper  vouchers.  And 
said  treasurer  shall  give  every  person  paying  money  into  the  treas¬ 
ury  a  receipt  therefor,  specifying  the  date  of  payment  and  upon 
what  account  paid,  and  shall  also  file  copies  of  such  receipts  with 
the  clerk,  who  shall  file  and  carefully  preserve  the  same. 

Sec.  16.  Duties  of  city  treasurer,  continued.  The  treasurer 
shall  at  the  end  of  each  and  every  month,  and  oftener  if  required, 
render  an  account  to  the  city  council,  showing  the  state  of  the 
treasury  at  the  rendering  of  such  account,  and  the  balance  of  mon¬ 
ey  in  the  treasury.  He  shall  also  accompany  such  account  with  a 
statement  of  all  moneys  received  into  the  treasury  and  on  what  ac¬ 
count,  together  with  all  warrants  redeemed  and  paid  by  him,  which 
said  warrants,  with  any  and  all  vouchers  held  by  him,  shall  be 
delivered  to  the  clerk,  and  filed  with  his  account  in  the  clerk’s 
office.  Upon  every  day  of  such  settlement  he  shall  return  all  war¬ 
rants  paid  by  him,  stamped  and  marked  paid.  He  shall  keep  a 
register  of  all  warrants  redeemed  and  paid,  which  shall  describe 
such  warrants  and  show  the  date,  amount,  number,  the  fund  from 
which  paid,  the  name  of  the  person  to  whom  and  when  paid. 

Sec.  17.  City  treasurer  to  keep  money  separate.  The  city 
treasurer  shall  keep  all  money  belonging  to  the  corporation,  in  his 
hands,  separate  and  distinct  from  his  own  money,  and  is  hereby  ex¬ 
pressly  prohibited  from  using  either  directly  or  indirectly  the  cor¬ 
poration  warrants  or  money  in  his  custody  and  keeping  for  his  own 
use  and  benefit,  or  that  of  any  other  person  or  persons  whatsoever; 
and  any  violation  of  this  provision  shall  subject  him  to  immediate 


OF  THE  CITY  OF  MT.  PULASKI. 


Ill 


removal  from  office  by  the  city  council,  as  is  by  ordinance  provided 
for  under  the  statutes. 

Sec.  18.  Annual  account,  etc.  The  treasurer  shall  annually, 
between  the  first  and  the  tenth  day  of  April,  make  out  and  file  with 
the  clerk  a  full  and  detailed  account  of  all  receipts  and  expendi¬ 
tures  and  all  his  transactions  as  such  treasurer  during  the  preceding 
fiscal  year,  and  shall  show  in  such  account  the  state  of  the  treasury 
at  the  close  of  the  fiscal  year,  which  accounts  the  clerk  shall  cause 
to  be  published  immediately  in  a  newspaper  printed  in  said  city,  if 
there  be  one,  and  if  not,  then  by  posting  the  same  in  a  public  place 
in  the  city  council  chamber. 

Sec.  19.  How  warrants  drawn,  to  be  signed,  etc.  All  war¬ 
rants  drawn  upon  the  treasurer  must  be  signed  by  the  mayor  and 
countersigned  by  the  clerk,  and  state  the  particular  fund  or  appro¬ 
priation  to  which  the  same  is  chargable,  and  no  money  shall  be 
otherwise  paid  than  upon  such  warrants  so  drawn  except  as  other¬ 
wise  specially  provided. 

Sec.  20.  Special  funds .  All  moneys  received  on  any  special 
assessment  shall  be  held  by  the  treasurer  as  a  special  fund,  to  be 
applied  to  the  payment  of  the  improvement  for  which  the  assess¬ 
ment  was  made,  and  said  money  shall  be  used  for  no  other  purpose 
whatever,  unless  to  reimburse  said  corporation  for  money  expended 
for  such  improvement.  Said  treasurer  shall  perform  and  do  all 
other  duties  required  of  him  by  ordinance  or  by  the  city  council. 

Sec.  20^.  Duty  Of  city  clerk.  The  city  clerk  shall  keep  the 
corporate  seal  provided  under  the  direction  of  the  city  council,  and 
all  papers  belonging  to  said  city.  He  shall  attend  all  meetings  of 
the  city  council,  and  keep  a  full  record  of  its  proceedings  in  a  jour¬ 
nal  provided  therefor;  the  copies  of  all  papers  filed  in  his  office,  and 
transcripts  from  the  journals  and  other  records  and  files  of  his 
office,  certified  by  him  under  the  corporate  seal  shall  be  evidenced 
in  all  courts  in  like  maner  as  if  the  originals  were  produced.  The 
city  clerk  shall  file  and  preserve  the  originals  of  all  ordinances  in 
his  office,  and  he  may  correct  any  error  in  the  numbering  of  any 
chapter  or  section  of  any  ordinance  and  insert  the  proper  numbers; 
and  he  may  omit  words  inserted  erroneously,  or  supply  with  brack¬ 
ets  words  omitted  by  clerical  mistake.  He  shall  attend  to  the 
printing  of  all  ordinances  requiring  publication,  or  ordered  to  be 


112 


REVISED  ORDINANCES 


published,  and  read  the  proof  sheets  thereof,  and  see  that  they  are 
correctly  printed  and  published.  The  said  clerk  shall  record  in  a 
book  to  be  kept  for  that  purpose  all  ordinances  passed  by  the  city 
council,  and  at  the  foot  of  the  records  of  each  ordinance  so  recorded, 
shall  make  a  memorandum  of  the  date  of  the  passage,  and  of  the 
publication  and  posting  of  such  ordinance,  which  record  or  memo¬ 
randum  or  a  certified  copy  thereof,  shall  be  prima  facie  evidence 
of  the  passage  and  legal  publication  or  posting  of  such  ordinances, 
for  all  purposes  whatsoever.  The  clerk  shall,  in  addition  to  the 
duties  herein  specified,  do  and  perform  all  other  duties  which  may 
be  required  of  him  by  ordinance  or  by  the  city  council.  (As  amend¬ 
ed  by  ordinance  passed  and  approved  the  22nd  day  of  April,  1897.) 

Sec.  20-J-.  Fees  and  salary  of  city  clerk.  The  city  clerk  may 
charge  and  receive  the  following  fees,  to- wit:  For  copies  or  exem¬ 
plification  of  any  record  of  his  office,  twenty-five  cents  for  each  one 
hundred  words;  for  certificate  of  authentication  under  the  corporate 
seal,  twenty-five  cents;  for  keeping  the  minutes  and  making  up  the 
journal  of  the  city  council,  and  recording  the  .same,  twenty-five 
cents  for  each  one  hundred  words;  for  keeping  any  record,  twenty- 
five  cents  for  each  one  hundred  words;  for  any  official  certificate 
without  the  corporate  seal  when  not  required  for  public  use,  twenty- 
five  cents;  for  administering  an  oath,  and  attesting  the  same,  when 
not  done  for  the  use  of  or  on  account  of  the  city  and  not  including 
claims  against  the  city,  twenty-five  cents;  for  each  license  issued  by 
him  when  the  amount  of  license  is  two  dollars  or  less,  the  sum  of 
twenty-five  cents ;  when  the  amount  of  the  license  is  not  over  five 
dollars  and  not  less  than  two  dollars,  fifty  cents;  when  the  amount 
of  the  license  is  over  five  dollars,  one  dollar;  and  the  sum  of  twenty- 
five  cents  for  certifying  the  consent  of  the  city  council  to  the  as¬ 
signment,  transfer  or  change  of  time  or  place  of  business  of  anv 
license  to  be  paid  by  the  person  obtaining  such  license  or  hav¬ 
ing  the  same  certified  or  transferred.  The  city  clerk  may  also 
charge  and  receive  one  dollar  for  each  meeting  of  the  city  council 
that  he  shall  attend.  (As  amended  by  ordinance  passed  and  ap¬ 
proved  the  22nd  day  of  April,  1897.) 

STREET  COMMISSIONER. 

Sec.  21.  Duties  of  street  commissioner.  The  city  street  com-' 
missioner  shall  superintend  all  improvements  upon  the  streets  and 


OF  THE  CITY  OF  MT.  PULASKI. 


113 


alleys  and  roads  of  said  city,  ordered  by  the  city  council,  and  make 
all  necessary  repairs  thereof;  but  no  improvements  or  repairs,  ex¬ 
cept  such  as  may  be  absolutely  necessary,  shall  be  made  without 
the  order  of  the  committee  on  streets  and  alleys;  he  shall 
without  delay  cause  all  breaks  in  any  bridge,  culvert,  apron  or 
street  crossing,  or  other  insecure  or  unsafe  place  to  be  repaired. 
He  shall  as  early  in  the  spring  of  each  year  as  may  be  practicable, 
cause  the  streets  and  alleys  where  needed  to  be  cleansed  and  the 
gutters  to  be  opened;  and  he  shall  as  far  as  practicable  keep  them 
in  that  conditon  during  the  year.  He  shall  from  time  to  time  ex¬ 
amine  into  the  condition  of  the  streets  and  alleys,  bridges,  cul¬ 
verts,  crossings  and  sidewalks  and  report  the  same  to  the  commit¬ 
tee  on  streets  and  alleys  and  recommend  such  improvements  and 
repairs  thereon,  as  he  may  deem  needed. 

Sec.  22.  Powers  and  duties  of  street  commissioner.  Said 
street  commissioner  may  by  authority  of  the  committee  on  streets 
and  alleys,  when  the  street  labor  shall  be  insufficient  for  keeping 
the  streets  in  repair,  employ  such  laborers  and  carts  and  teams  as 
may  be  deemed  necessary  by  the  city  council,  and  at  such  prices  as 
may  be  fixed  by  the  committee  on  streets  and  alleys.  He  shall 
oversee  the  street  laborers  and  require  them  to  labor  faithfully. 
He  may  by  order  of  the  committee  on  streets  and  alleys  procure  the 
necessary  implements  for  performing  street  labor,  or  materials  for 
bridges,  culverts,  cross-walks,  and  when  so  directed,  for  sidewalks. 

Sec.  23.  Duties  of  street  commissioner,  continued.  He  shall 
keep  an  accurate  account  of  all  expenditures  made  under  his  direc¬ 
tion  or  supervision.  He  shall  keep  a  correct  list  of  all  implements, 
materials  or  other  property  of  the  city,  that  may  be  in  his  keeping, 
and  shall  deliver  the  same  to  his  successor  in  office,  taking  his  re¬ 
ceipt  therefor  which  he  shall  file  with  the  city  clerk,  who  shall 
credit  him  with  the  same,  and  charge  his  successor  therewith. 
When  he  shall  purchase  any  implements  on  account  of  the  city  he 
shall  immediately  report  the  same  to  the  city  clerk  who  shall  charge 
the  same  to  the  said  street  commissioner.  He  shall  cause  all  the 
tools  and  implements  belonging  to  the  city  to  be  legibly  marked  or 
branded  with  the  letters  “Mt.  P.” 

Sec.  24.  Duties  of  street  commissioner ,  continued.  The 
street  commissioner  shall  examine  all  accounts  of  contractors  and 


114 


REVISED  ORDINANCES 


others  for  work  pertaining  to  liis  department  or  for  implements  or 
materials  furnished  therefor,  and  if  correct  he  shall  certify  the  same 
to  the  city  council.  He  shall  also  cause  all  ordinances  in  relation  to 
the  streets,  alleys  and  roads  and  sidewalks,  to  be  enforced,  and 
shall  prosecute  all  violators  thereof;  and  he  shall  do  and  perform 
such  other  and  further  duties  as  may  be  required  of  him  by  ordi¬ 
nance  or  by  the  city  council. 

CITY  MARSHAL. 

Sec.  25.  Powers  and  duties  of  city  marshal.  The  city  mar¬ 
shal  shall  have  the  same  power  to  make  arrests,  execute  process, 
and  perform  other  official  acts,  as  other  marshals  under  the  general 
laws  of  this  state,  and  he  shall  execute  all  writs  or  process  for  the 
breach  of  any  ordinance  of  the  city,  collect  all  fines,  forfeitures  and 
penalties  which  may  accrue  to  the  said  city.  The  city  marshal 
shall  cause  all  the  ordinances  to  be  observed  as  far  as  possible. 
When  any  violation  of  law  or  of  an  ordinance  shall  come  to  the 
knowledge  of  said  marshal,  or  shall  upon  good  authority  be  reported 
to  him,  he  shall  without  delay  cause  the  proper  complaint  to  be  made 
before  the  police  magistrate  and  have  the  proper  witnesses  sum¬ 
moned  or  evidence  secured  for  the  successful  prosecution  of  the  of¬ 
fender,  and  he  shall  arrest  without  process  any  person  who  shall  be 
found  in  the  act  of  violating  any  ordinance  of  the  city,  and  take  him 
or  her  forthwith  before  the  police  magistrate  for  examination;  and, 
if  necessary  the  said  marshal  may  detain  him  or  her  over  night  of 
Sunday,  until  he  or  she  can  be  brought  before  said  police  magis¬ 
trate  for  such  examination.  And  said  marshal  shall  perform  such 
other  and  further  duties  as  may  be  required  of  him  by  ordinance  or 
by  the  city  council. 

Sec.  26.  Marshal  not  to  perform  other  duties ,  etc.  The 
city  marshal  shall  in  no  case  perform  any  business  pertaining  to 
the  office  of  marshal  or  transact  any  business  outside  of  the  city 
limits  other  than  such  business  as  he  may  be  so  ordered  or  permit¬ 
ted  to  do  by  the  said  city  council,  and  shall  not  engage  in  any  bus¬ 
iness  which  will  interfere  in  any  way  with  his  official  duties. 

Sec.  27.  Fees  and  salary  of  city  marshal.  The  city  marshal 
shall  receive  a  salary  of  thirty-five  dollars  per  month  and  receive  in 
addition  thereto  in  all  cases  where  the  city  is  successful  the  follow¬ 
ing  fees,  to-wit:  For  arresting  any  person  without  a  warrant  and 


OF  THE  CITY  OF  MT.  PULASKI. 


115 


returning  a  memorandum  of  the  same,  fifty  cents;  for  serving  any 
warrant,  fifty  cents;  for  taking  any  person  to  jail  when  committed, 
fifty  cents;  for  summoning  jury,  one  dollar;  for  attending  trial,  in 
each  case,  fifty  cents;  for  serving  and  returning  each  summons, 
thirty-five  cents;  for  advertising  property  for  sale,  fifty  cents;  ten 
per  cent  commission  on  all  sales  not  exceeding  ten  dollars  and  five 
per  cent  on  the  excess  thereof;  for  taking  recognizance,  fifty  cents; 
for  serving  and  returning  execution,  fifty  cents;  for  serving  and  re¬ 
turning  subpoena,  twenty-five  cents  for  each  person  served.  He 
shall  be  allowed  the  same  mileage  for  serving  warrants,  summons- 
es,  subpoenas  and  other  process  as  constables  in  counties  of  the 
.  first  and  second  class,  all  of  said  fees  and  commissions  to  be  as¬ 
sessed  and  collected  as  other  costs. 

sec.  28.  Powers  and  duties  of  police  magistrate.  The  police 

magistrate  shall  have  his  office  for  the  term  of  four  years  and  until 
his  successor  shall  be  duly  elected  and  qualified.  He  shall  be  com¬ 
missioned  by  the  governor  as  is  provided  by  statute  and  shall  give 
bond  and  qualify  as  other  justices  of  the  peace,  and  as  by  ordinance 
provided;  and  he  shall  have  the  same  jurisdiction  and  exercise  the 
same  powers  conferred  upon  other  justices  of  the  peace  by  the  laws 
of  the  state,  and  he  shall  have  exclusive  jurisdiction  in  all  cases 
arising  under  the  ordinances  where  the  amount  claimed  does  not 
exceed  two  hundred  dollars:  Provided,  that  the  venue  may  be 
changed  from  said  police  magistrate  as  provided  by  statute;  and 
Provided,  Further,  that  in  case  of  the  absence  or  inability  of  the 
police  magistrate  to  act,  then  any  and  all  actions  arising  under  the 
ordinances  of  said  city,  may  be  instituted  and  prosecuted  before  any 
other  justice  of  the  peace  of  Logan  county. 

Sec.  29.  Duties  and  reports  of  police  magistrate.  The  police 
magistrate  shall  report  to  the  city  council  every  month,  the  amount 
of  all  fines  and  other  moueys  collected  by  him,  belonging  to  said 
city,  during  the  preceding  month,  and  he  shall  pay  the  same  at  the 
time  of  making  such  report  to  the  city  treasurer,  taking  duplicate 
receipts  therefor,  one  of  which  shall  be  attached  to  his  said  report 
and  the  other  by  him  retained.  An  annual  report  shall  be  made  in 
writing,  stating  the  amount  of  all  fines,  forfeitures,  and  other 
moneys  collected  by  him,  belonging  to  said  city,  during  the  year; 
and  if,  on  examination,  the  city  council  shall  find  such  report  to  be 
correct,  they  shall  approve  and  order  it  to  be  filed  by  the  city  clerk. 


116 


REVISED  ORDINANCES 


Any  other  justice  of  the  peace,  before  whom  any  suit  or  suits  may 
be  brought,  in  the  name  of  the  city,  shall  semi-annually  report  to 
the  city  council  a  list  of  all  such  suits  brought  since  his  last  report, 
with  the  disposition  made  of  each  case,  the  amount  of  fines  imposed, 
if  any,  the  name  of  the  officer  making  the  arrest,  the  amount  or 
amounts  collected  since  his  last  report;  and  he  shall  also  at  the  time 
of  making  said  report,  pay  over  such  amount  or  amounts  to  the  city 
treasurer,  taking  duplicate  receipts  therefor;  one  of  which  shall  be 
attached  to  his  said  report,  and  the  other  by  him  retained. 

Sec.  30.  Fees  and  salary  of  police  magistrate .  The  police 
magistrate  may  charge  and  receive  the  following  fees,  to  be  charged 
and  collected  as  other  costs,  to- wit:  For  taking  each  complaint  in 

writing,  thirty-five  cents;  for  docketing  each  suit,  twenty-five  cents ; 
for  entering  verdict  of  jury,  fifteen  cents;  for  entering  judgments, 
twenty-five  cents;  for  issuing  each  execution,  twenty-five  cents;  for 
entering  any  order  in  any  case,  fifteen  cents;  for  entering  each  ap¬ 
peal,  twenty-five  cents;  for  entering  satisfaction  of  judgment,  ten 
cents;  for  issuing  each  mittimus,  thirty-five  cents;  for  administer¬ 
ing  each  oath,  five  cents;  for  issuing  each  summons  or  warrant, 
twenty-five  cents;  for  each  subpoena  issued  by  him,  twenty-five 
cents;  for  each  venire  twenty-five  cents;  for  taking  recognizance  and 
returning  same,  fifty  cents;  for  transcript  in  change  of  venue,  fifty 
cents;  for  transcript  of  judgment,  used  for  poceedings  in  case  of  ap¬ 
peals,  fifty  cents;  for  the  trial  of  each  contested  case,  a  per  diem  of 
two  dollars;  and  such  other  and  further  fees  as  may  be  allowed  said 
magistrate  by  statute. 

NIGHT  WATCHMAN. 

Sec.  31.  Powers  and  duties  of  night  watchman.  The  night 
policeman  or  night  watchman  shall  goon  duty  at  9  o’clock  p.  m.  and 
shall  remain  on  duty  until  the  hour  of  6  o’clock  a.  m.  during  the 
months  of  November,  December,  January,  February,  March  and 
April;  and  until  4  o’clock  a.  m.  during  the  remaining  months  of 
May,  June,  July,  August,  September  and  October.  In  addition  to 
his  other  duties  the  night  watchman  shall  report  all  failures  of 
street  lights  to  the  chairman  of  the  committee  on  street  lights. 

Sec.  32.  Fees  and  salary  of  night  watchman.  The  said  night 

watchman  shall  receive  from  the  city  the  sum  of  thirty-five  dollars 
per  month  for  the  duties  herein  mentioned  to  be  performed;  and  he 


OF  THE  CITY  OF  3IT.  PULASKI. 


117 


shall  not  demand  or  accept  any  other  remuneration  whatever  for 
any  service  he  may  perform  as  such  night  watchman. 

Sec.  33.  Retiring  officers  to  deliver  papers ,  etc.  to  success¬ 
ors — Penalty.  All  retiring  officers  shall  deliver  to  their  success¬ 
ors  in  office  all  papers,  books,  documents,  implements  or  other  prop¬ 
erty  belonging  to  said  city,  which  they  may  have  in  their  posses¬ 
sion  by  virtue  of  such  office,  and  on  failing  so  to  do,  shall  be  subject 
to  a  penalty  of  not  less  than  ten  dollars. 

Sec.  34.  Contracts  how  let.  Whenever  any  improvement  or 
expense  shall  be  contemplated  requiring  the  expenditure  of  the 
amount  of  five  hundred  dollars  or  more,  it  shall  only  be  undertaken 
upon  the  passage  of  a  resolution  by  the  city  council  authorizing  the 
same.  All  contracts  for  improvements  to  cost  five  hundred  dollars 
or  more  shall  only  be  let  by  bid  after  the  same  are  duly  advertised. 

Sec.  35.  Salary  of  mayor  and  aldermen.  The  mayor  and  each 
alderman  shall  receive  as  compensation  for  his  services  the  sum  of 
two  dollars  and  fifty  cents  for  each  meeting  of  the  city  council  ac¬ 
tually  attended  by  him,  and  no  other  compensation  than  for  attend¬ 
ance  upon  such  meetings  shall  be  allowed  to  such  mayor  or  alderman 
for  any  services  whatever. 

Sec.  36.  y0  officer  to  be  interested  in  any  contract ,  etc. 
No  officer  of  said  city  shall  be,  directly  or  indirectly,  interested  in 
any  contract,  work  or  business  of  said  city,  or  in  the  sale  of  any  ar¬ 
ticle  the  expense,  price  or  consideration  of  which  is  paid  from  the 
treasury  thereof,  or  by  an  assessment  levied  by  any  actor  ordinance, 
nor  in  the  purchase  of  any  real  estate  or  other  property  belonging 
to  said  corporation,  or  which  shall  be  sold  for  taxes  or  assessments, 
or  by  virtue  of  any  legal  process,  at  the  suit  of  said  city. 

Passed  the  5th  day  of  April  A.  D.  1897 

Approved  the  5th  day  of  April  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 


H.  B.  Capps,  City  Clerk 


118 


REVISED  ORDINANCES 


CHAPTER  XXIV. 


PEDDLERS. 


Section  1. 
“  2. 

“  3. 

“  4. 


Peddling  without  license — Penalty — Proviso. 
Selling  books,  etc.,  without  license — Penalty. 
Fraud  or  imposition — Penalty. 

Entering  houses — Insisting  on  showing  goods. 


Section  l.  Peddling  without  license — Penalty— Proviso. 
Be  it  ordained  by  the  city  council  of  the  city  of  Mt.  Pulaski: 

That  no  person  shall  sell  or  attempt  to  sell  any  goods,  wares  or  mer¬ 
chandise  or  any  article  or  thing  of  value,  by  peddling,  hawking  or 
public  outcry,  or  at  any  temporary  or  unenclosed  stand  or  place  of 
business,  within  the  city  of  Mt.  Pulaski,  without  having  first  ob¬ 
tained  a  license  therefor,  under  a  penalty  of  not  less  than  three 
dollars,  nor  more  than  fifty  dollars  for  each  offense:  Provided, 
That  this  section  shall  not  be  held  to  apply  to  farmers  or  gardeners 
bringing  into  the  city  and  selling  the  product  of  their  farms  or 
gardens,  nor  to  the  peddling  of  newspapers. 

Sec.  2.  Selling  books ,  etc.,  without  license— Penalty. 
Every  person  canvassing  or  taking  orders  for  books,  publications, 
pictures,  maps  or  other  articles  shall  be  deemed  within  the  scope  of 
this  article,  and  he  required  to  take  out  a  peddler’s  license;  if  how¬ 
ever  no  license  was  taken  out  by  the  canvasser,  the  article  shall  not 
be  delivered  without  a  peddler’s  license:  Provided,  That  regular 
commercial  travelers  employed  by  wholesale  houses,  taking  orders 
and  selling  articles  of  merchandise  to  the  merchants  of  said  city, 
shall  not  be  deemed  within  the  meaning  of  this  section. 


Sec.  3.  Fraud  or  imposition— Penalty.  Any  person  licensed 
as  a  peddler,  under  any  ordinance  of  the  city,  who  shall,  while  act¬ 
ing  in  such  capacity,  be  guilty  of  fraud,  deception  or  imposition, 


OF  THE  CITY  OF  MT.  PULASKI. 


119 


shall  be  subject  to  a  fine  of  not  less  than  five  dollars,  nor  exceeding- 
fifty  dollars. 

Sec.  4.  Entering  houses— Insisting  on  showing  goods.  No 
peddler  shall  enter  any  private  house  in  said  city  without  being  ad¬ 
mitted  by  some  occupant  thereof,  nor  shall  insist  upon  showing  his 
goods  and  wares  to  any  person  after  being  told  by  such  person  that 
he  or  she  does  not  wish  to  see  or  purchase  the  same,  nor  shall  other¬ 
wise  vex,  annoy  or  harass  any  person,  under  a  penalty  of  not  less 
than  five  dollars,  nor  more  than  twenty  dollars  for  each  offense. 

Passed  the  5th  day  of  April,  A.  D.  1897. 

Approved  the  5th  day  of  April  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 

H.  B.  Capps,  City  Clerk. 


120 


REVISED  ORDINANCES 


CHAPTER  XXV. 

RAILROADS. 


Section  1. 
“  2. 

“  3. 

“  4. 

££  5. 

££  6. 

££  7. 

“  8. 

££  9. 


Speed  of  cars. 

Cars  obstructing  street. 
Locomotive  whistle. 

Railroad  crossings — Bridges. 
Neglect  to  build  after  notice. 
City  may  build  crossings,  etc. 
Lights  on  cars  at  night. 
Penalty. 

Light  at  crossings. 


Section  1.  Speed  of  cars.  Be  it  ordained  by  the  city  coun¬ 
cil  of  the  city  of  Mt.  Pulaski:  That  no  railway  company,  rail¬ 
road  engineer,  railroad  conductor  or  other  person  shall  run  any  lo¬ 
comotive,  freight  or  passenger  car,  or  any  train  of  cars,  upon  or 
along  any  railroad  track,  side-track  or  switch  within  the  corporate 
limits  of  the  city  of  Mt.  Pulaski  at  a  greater  rate  of  speed  than  ten 
miles  an  hour. 

Sec.  2.  Cars  obstructing  street.  No  railway  company,  rail¬ 
road  engineer,  train  conductor  or  other  person  shall  cause  or  allow 
any  locomotive,  car  or  cars,  or  train  of  cars  to  stop  in  or  remain  up¬ 
on  any  street  or  railroad  crossing  within  said  city  for  a  longer  per¬ 
iod  than  ten  minutes:  Provided,  However,  It  shall  be  lawful  for  a 
train  of  cars  to  remain  across  said  streets  if  the  same  shall  be  un¬ 
coupled,  cut  or  separated  in  such  manner  as  to  allow  free  and  safe 
passage  over  such  crossing  for  teams  and  foot  passengers. 

Sec.  3.  Locomotive  whistles.  No  railway  company,  locomo¬ 
tive  engineer  or  fireman  shall  cause  or  allow  the  whistle  of  any  lo¬ 
comotive  engine  to  be  sounded  within  the  corporate  limits  of  said 


OF  THE  CITY  OF  MT.  PULASKI. 


121 


city,  except  necessary  brake-signals,  and  such  as  may  be  absolutely 
necessary  to  prevent  injury  to  persons,  or  other  casualty  or  acci¬ 
dent. 

Sec.  4.  Railroad  crossings  and  bridges.  All  railroad  compan¬ 
ies  whose  tracks  now  arc  or  may  hereafter  enter  or  pass  through 
the  corporate  limits  of  the  city,  shall  respectively  construct,  repair 
and  maintain  good,  safe  and  sufficient  culverts,  crossings  and 
bridges,  with  good  and  easy  approaches  thereto,  on  all  public  alleys, 
streets,  sidewalks  and  highways  where  their  respective  tracks  pass 
under,  across  or  over  any  alley,  street  or  highway  within  said 
city. 

Sec.  5.  Neglect  after  notice— Penalty.  Whenever  any  cross- 
ing,  culveri  or  bridge  shall  be  needed  upon  the  line  of  any  railroad 
within  the  city,  or  shall  need  repairing,  it  shall  be  the  duty  of  the 
mayor  to  give  such  company  fifteen  days’  notice,  in  writing,  of  the 
work  to  be  done,  and  the  place  where  required,  and  any  railroad 
company  neglecting  or  refusing  to  construct  or  repair  any  crossing, 
culvert  or  bridge,  after  having  received  fifteen  days’  notice  so  to  do, 
shall  be  fined  not  less  than  ten  dollars,  nor  more  than  fifteen  dollars 
for  each  day  of  such  neglect  or  refusal. 

Sec.  6.  City  may  build  crossings  and  recover  cost.  In  case 
of  the  failure  or  refusal  of  any  railroad  company  to  construct  or  re¬ 
pair  any  crossing,  culvert  or  bridge,  when  duly  notified  by  the 
mayor  so  to  do,  as  provided  in  section  five  hereof,  the  city  council 
may  order  such  crossing,  culvert  or  bridge  to  be  constructed  or  re¬ 
paired,  as  may  be  needed,  at  the  expense  of  the  city,  and  such  com¬ 
pany  shall  be  liable  to  the  city,  in  an  action  of  debt,  for  the  cost 
thereof. 

Sec.  7.  Light  Oil  cars  at  night.  Every  locomotive  engine, 
railroad  car  or  train  of  cars  running  in  the  night  time  on  any  rail¬ 
road  track  in  said  city  shall  have  and  keep,  while  so  running,  a  conspic¬ 
uous  light  on  the  forward  end  of  such  locomotive,  car  or  train  of 
cars.  If  such  engine,  car  or  train  of  cars  be  backing,  it  shall  have 
a  conspicuous  light  in  the  rear  car  or  engine,  so  as  to  show  in  the 
direction  said  car  is  moving. 

Sec.  8.  Penalty.  Any  railroad  company  or  railroad  corporation 
who  shall,  of  themselves  or  by  their  agents  or  employes,  violate  or 
fail  to  observe  any  of  the  foregoing  provisions  of  this  chapter,  or 


122 


REVISED  ORDINANCES 


any  agent,  engineer,  conductor  or  other  employe  of  any  such  rail¬ 
road  company  or  corporation,  who  shall  violate  or  fail  to  observe 
the  same,  shall  for  each  violation  or  failure  to  observe  the  same 
where  no  other  penalty  is  imposed,  be  fined  in  a  sum  not  less  than 
three  dollars,  nor  more  than  two  hundred  dollars. 

Sec.  9.  Light  at  crossings.  Whenever  any  railroad  company 
or  corporation  shall  in  pursuance  of  a  resolution  or  order  of  the 
city  council  be  notified  to  keep  a  conspicuous  light  of  any  kind  at 
any  point  on  its  track  crossed  or  intersected  by  any  street  or 
avenue  of  said  city,  for  the  protection  of  persons  or  property 
against  injury  at  such  crossing,  it  shall  be  the  duty  of  such  rail¬ 
road  company  or  corporation,  at  its  own  expense,  to  place  or  keep 
such  lights  as  required. 

Any  railroad  company  or  corporation  failing  or  refusing  to  com¬ 
ply  with  either  of  the  requirements  of  this  section  after  being  duly 
notified  as  aforesaid,  in  writing,  by  the  superintendent  of  the 
streets  or  the  superintendent  of  police,  shall  thereafter  be  liable  to  a 
fine  of  not  less  than  twenty-five  dollars,  nor  more  than  one  hundred 
dollars  for  each  offenst,  and  every  day  of  such  failure  or  refusal  to 
comply  shall  be  deemed  a  separate  offense. 

Passed  the  5th  day  of  April  A.  D.  1897 

Approved  the  5th  day  of  April  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 

H.  B.  Capps,  City  Clerk 


OF  THE  CITY  OF  MT.  PULASKI. 


123 


CHAPTER  XXVI. 


SIDEWALKS. 


Section  1. 
“  2. 

44  3. 

44  4. 

44  5. 

4  4  6. 

4  4  7. 

4  4  8. 


Sidewalks  to  be  built  in  part  by  special  taxation. 
Passage  of  special  ordinance. 

Manner  of  constructing  brick  walks. 

Special  tax  for  part  of  cost. 

City  to  construct  in  case  of  default  of  owner. 

Special  tax  duty  of  clerk — Report. 

Report  to  county  treasurer. 

General  officers  to  obtain  judgment — By  what  law 
governed. 


Section  1.  Sidewalks  to  be  built  in  part  by  special  taxation. 
Be  it  ordained  by  the  city  council  of  the  city  of  Alt.  Pulaski: 

That,  all  sidewalks  hereinafter  constructed  in  the  city  of  Mt. 
Pulaski  along  or  upon  any  street  or  alley  or  part  thereof  therein, 
unless  otherwise  specially  ordinanced,  shall  be  constructed  in  part 
by  special  taxation  of  the  lot,  or  parcel  of  land,  in  front  of  which  or 
adjacent  to  which  such  sidewalk  shall  be  constructed,  by  levying  a 
part  of  the  cost  thereof  as  hereinafter  provided  upon  such  lot  or 
parcel  of  land. 

Sec.  2.  Passage  Of  Special  ordinance.  Before  any  such  side¬ 
walk  shall  be  constructed,  there  shall  be  a  special  ordinance  passed 
by  the  city  council  specifying  the  location,  width,  materials,  and 
the  manner  of  construction  thereof. 

Sec.  3.  Manner  of  constructing  brick  walks.  Whenever 
any  such  special  ordinance  provides  that  a  brick  sidewalk  shall  be 
constructed,  the  same,  unless  otherwise  specially  provided,  shall  be 
constructed  in  the  following  manner:  The  surface  of  the  ground 
upon  which  such  sidewalk  is  to  be  laid,  shall  be  graded  by  exca- 


124 


REVISED  ORDINANCES 


vating  and  filling  so  as  to  make  a  smooth  surface  for  the  bed  of 
such  sidewalk  six  inches  below  the  grade  line  of  such  sidewalk,  then 
a  layer  of  cinders  or  gravel  three  inches  in  depth  shall  be  placed 
over  the  surface  thus  graded;  that  upon  such  gravel  shall  be  placed 
a  layer  of  good  hard  brick,  bedded  m  one  inch  of  sand  to  be  laid 
with  their  longest  dimensions  diagonally  across  the  line  of  such 
sidewalk,  such  brick  to  be  well  swept  and  tamped  with  sand  so  as 
to  fill  up  all  the  crevices  and  make  a  smooth,  solid,  and  firm  side¬ 
walk;  said  walk  to  be  fastened  both  on  the  inside  and  outside  with 
a  curb  of  brick  set  on  edge,  and  a  further  curb  of  plank  six  inches 
in  width;  which  said  plank  is  to  be  of  good  sound  lumber  not  infer¬ 
ior  to  that  known  as  fencing  No.  two.  And  said  walk  shall  have  a 
general  inclination  toward  the  gutter  of  one  inch  to  every  three 
feet,  with  a  convexity  of  one-half  an  inch  at  the  center. 

Sec.  4.  Special  tax  for  part  Of  cost.  That  a  special  tax  of 
one-half  of  the  cost  of  constructing  the  above  described  sidewalk 
(excepting  the  crossings  of  streets  and  alleys)  be  levied,  assessed 
and  collected  upon  and  from  the  real  estate,  lots,  or  parcel  of  land 
abutting,  adjoining  or  touching  upon  the  line  of  said  sidewalk;  said 
tax  to  be  levied  upon  said  real  estate,  lots  or  tracts  of  land  in  pro¬ 
portion  to  their  frontage  upon  such  sidewalk.  The  residue  of  the 
cost  of  constructing  said  sidewalk  shall  be  paid  out  of  any  fund  of 
said  city  raised  by  general  taxation  upon  the  property  thereof,  and 
not  otherwise  appropriated. 

Sec.  5.  City  to  construct  in  case  of  default  of  owner.  That 
in  case  of  default  or  neglect  of  any  lot  or  land  owner  or  owners  to 
construct  their  part  of  any  such  sidewalk  within  thirty  days  after 
the  publication  of  such  ordinance,  the  said  material  therefor  shall 
be  furnished  and  said  sidewalks  constructed  by  the  said  city.  The 
city  street  commissioner  shall  have  general  supervision  of  the  con¬ 
struction  of  said  sidewalks,  and  in  case  the  same  are  constructed  by 
the  city  it  is  hereby  made  his  duty  within  fifteen  days  after  the  said 
city  shall  have  so  constructed  any  of  said  sidewalks  in  front  of,  or 
adjacent  to  any  such  lot  or  parcel  of  land,  to  furnish  the  city  clerk, 
to  be  filed  in  his  office,  a  bill  of  the  cost  thereof,  including  the  grad¬ 
ing,  material  and  laying  down  and  supervision  of  any  of  said  side¬ 
walks  in  front  of  such  lot  or  parcel  of  land  showing  in  separate 
items  the  cost  of  the  grading,  materials  and  laying  down,  together 
with  a  description  of  such  lot  or  parcel  of  land,  and  the  name  of  the 


OF  THE  CITY  OF  MT.  PULASKI. 


125 


owner  or  owners  thereof,  if  the  same  is  known  to  said  city  street 
commissioner. 

Sec.  6.  Special  tax  duty  of  clerk — Report.  That  upon  the 
tiling  of  any  such  bill  of  costs  in  the  office  of  said  clerk  as  provided 
in  the  foregoing  section,  said  city  clerk  shall  thereupon  issue  a 
warrant  directed  to  the  city  collector  who  is  hereby  made  a  special 
collector  to  collect  all  such  special  taxes,  for  the  collection  of  such 
special  tax;  and  said  city  collector  shall  proceed  to  collect  said  war¬ 
rant  by  calling  upon  the  owner  or  owners  of  such  lot  or  parcel  of 
land,  if  he  or  she  can  be  found  in  said  city,  and  inform  him  or  her 
of  such  special  tax,  the  amount  thereof,  and  make  demand  for  the 
same,  and  within  sixty  days  from  the  date  of  said  warrant  make 
return  thereof,  together  with  all  the  moueys  collected  thereon,  to 
said  city  clerk;  and  in  case  the  owner  or  owners  named  in  said  war¬ 
rant  cannot  be  found  or  refuse  to  pay  said  special  tax  or  any  part 
thereof,  such  officer  shall  return  said  warrant  endorsed  “owner  not 
found”  or  “payment  refused”  as  the  case  may  be;  all  moneys  so  col¬ 
lected  by  said  city  collector  and  turned  over  to  said  clerk  shall,  by 
said  clerk,  be  immediately  turned  over  to  the  city  treasurer. 

Sec.  7.  Report  to  county  treasurer.  Upon  failure  to  collect 
any  special  tax  as  hereinafter  provided  or  any  part  thereof,  it  shall 
be  the  duty  of  the  said  city  collector  on  or  before  the  tenth  day  of 
March  A.  D.  1898,  and  annually  thereafter,  to  make  report  under 
oath  in  writing  to  the  county  treasurer  of  Logan  county  of  all  the 
lots  or  parcels  of  land  upon  which  such  tax  shall  be  unpaid  the 
names  of  the  owners  thereof,  together  with  the  amount  due  and  un¬ 
paid  upon  each  and  every  such  lot  and  parcel  of  land,  and  accom¬ 
pany  the  same  with  a  certified  copy  of  such  special  ordinance;  said 
report  to  be  made  in  the  manner  and  form  as  is  required  by  law  in 
such  case  made  and  provided. 

Sec.  8.  General  officers  to  obtain  judgment — By  what  law 
governed.  When  said  county  treasurer  shall  receive  the  aforesaid 
report,  he  shall  at  once  proceed  to  obtain  judgment  against  said  lot 
or  parcel  of  land  for  said  special  tax  remaining  due  and  unpaid  in 
the  same  manner  as  may  be  provided'  by  law  for  the  obtaining 
judgment  against  lands  for  taxes  due  and  unpaid  the  county  and 
state;  and  shall  in  the  same  manner  proceed  to  sell  the  same  for  the 
said  special  tax  due  and  unpaid.  In  obtaining  said  judgment  and 


126 


REVISED  ORDINANCES 


making  said  sale,  the  said  officer  shall  be  governed  by  the  general 
revenue  laws  of  the  state,  except  when  otherwise  provided;  and  the 
said  general  laws  shall  be  applicable  to  the  execution  of  certificates 
of  sale,  and  deeds  thereon,  and  the  force  and  effect  of  such  sales 
and  deeds  and  all  other  laws  in  relation  to  the  enforcement  and  col¬ 
lection  of  taxes  and  redemption  from  tax  sales  shall  be  applicable  to 
the  proceedings  to  collect  such  special  tax. 

Passed  the  5th  day  of  April,  A.  D.  1897. 

Approved  the  5th  day  of  April  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 

H.  B.  Capps,  City  Clerk. 


OF  THE  CITY  OF  MT.  PULASKI. 


127 


& 

CHAPTER  XXVII. 


STREETS  AND  ALLEYS. 


Section  1. 

i  t  9 

“  3. 

“  4. 

“  5. 

“  6. 

“  7. 

“  8. 

“  9. 

“  10. 

11. 
12. 
“  13. 

“  14. 

“  15. 

“  16. 

“  17. 

“  18. 

“  19. 

“  20. 

“  21. 

“  22. 

“  23. 


Obstruction  of  streets  forbidden. 

Owner  to  remove  obstruction  upon  notice. 

Street  commissioner  to  remove  obstruction — Costs, 
etc. 

Building  material  in  street,  etc. 

Red  lights  at  piles  of  building  material. 

Railings  and  lights  at  excavations. 

Cellar  doors  open. 

Merchandise  or  fuel  on  street. 

Obstructing  street  by  teams. 

Persons  placing  obstructions  liable  for  damage. 
Removal  of  buildings  through  streets. 

Digging  in  streets,  etc. 

Excavations  adjoining  streets  to  be  guarded. 
Excavations  in  street — Tearing  up  sidewalks. 
Removing  grade  or  corner  stakes. 

Removing  or  selling  earth  from  street. 

Ashes,  ruboish,  etc.,  in  streets  and  alleys. 

Eire  upon  streets — Crossings. 

Throwing  paper,  etc.,  upon  streets. 

Stopping  team  on  crossings. 

Feeding  or  huckstering  on  public  square. 

Molesting  paved  street. 

No  permission  to  be  granted  until  bond  is  given — 
Penalty. 


Section  l.  Obstructions  of  streets  forbidden.  Be  it  ordained 
by  the  city  council  of  the  city  of  Mt.  Pulaski:  That  no  person 
shall  erect,  construct  or  place,  or  cause  to  be  erected,  constructed 
or  placed,  any  building,  fence,  porch,  steps,  window,  stairs,  railing 
or  other  obstruction,  in  whole  or  in  part  upon  any  street,  alley, 
sidewalk  or  other  public  ground  within  said  city. 


128 


REVISED  ORDINANCES 


Sec.  2.  Owner  to  remove  obstruction  upon  notice.  The 

owner  of  any  building,  fence,  porch,  steps,  window,  stairs,  railing 
or  other  obstruction  now  standing,  or  which  may  hereafter  be 
erected  or  placed  upon  any  street,  alley,  sidewalk  or  public  ground 
within  this  city,  or  which  may  be  left  standing  upon  any  new  street 
or  alley  that  has  been  or  may  be  hereafter  opened,  who  shall  not 
remove  the  same  within  such  reasonble  time,  not  exceeding  thirty 
nor  less  than  three  days,  as  he  shall  be  required  so  to  do  by  a  notice 
served  upon  him,  signed  by  the  mayor,  or  any  police  officer  of  said 
city,  shall  be  subject  to  a  penalty  of  not  less  than  ten  dollars,  nor 
more  than  two  hundred  dollars,  and  a  further  penalty  of  ten  dollars 
for  every  day  the  same  shall  remain  after  the  expiration  of  the  time 
fixed  in  such  notice. 

Sec.  3.  Street  commissioner  to  remove  obstructions— Costs, 

etc.  Whenever  the  owner  of  any  building,  fence,  or  other  obstruc¬ 
tion  upon  any  street,  alley,  sidewalk  or  public  ground  shall  neglect 
or  refuse  to  remove  the  same,  after  a  notice  to  do  so,  as  prescribed 
in  the  preceeding  section,  or  if  the  owner  cannot  be  found  for  the 
purpose  of  such  notice,  upon  reasonable  diligence  by  the  city  mar¬ 
shal,  such  obstruction  shall  be  deemed  a  nuisance;  and  the  street 
commissioner  shall  cause  the  same  to  be  removed  or  taken  down, 
and  the  expense  thereof  shall  be  recoverable  from  the  owner  in  a 
suitable  action  before  any  court  of  competent  jurisdiction.  Any 
person  who  shall  resist  or  interfere  with  the  removal  or  taking 
down  of  any  such  obstruction  as  aforesaid,  shall  be  subject  to  a 
penalty  of  not  less  than  five  dollars,  nor  more  than  two  hundred 
dollars. 

Sec.  4.  Building  material  in  street,  etc.  No  builder  or  other 
person  shall  incumber  or  obstruct  any  street  or  alley  with  any 
building  or  other  like  materials  except  in  case  of  urgent  necessity 
and  for  a  short  time,  and  then  not  more  than  one-third  of  any 
street  or  alley  or  one-half  of  the  sidewalk,  nor  shall  such  obstruc¬ 
tion  continue  in  any  case  longer  than  may  be  necessary  in  the 
diligent  erection  of  such  building,  or  the  prompt  execution  of  the 
work.  Whoever  shall  violate  any  provision  of  this  section  shall  be 
subject  to  a  penalty  of  not  less  than  three  dollars,  nor  more  than 
one  hundred  dollars  for  each  day  he  shall  continue  in  violation 
thereof. 


I 


OF  THE  CITY  OF  MT.  PULASKI.  129 

Sec.  5.  Red  lights  at  piles  of  building  material.  Whenever 
any  builder  or  other  person  shall  place  any  pile  of  lumber,  brick, 
sand  or  other  building  material  in  any  street  or  alley  in  said  city,  it 
shall  be  his  duty  to  place  suitable  and  sufficient  lights  upon  them, 
burning  during  the  night.  Upon  his  neglect  or  refusal  so  to  do 
he  shall  be  fined  not  less  than  three  dollars,  nor  more  than  fifty 
dollars. 

Sec.  6.  Railings  and  lights  at  excavations.  Whenever  any 
person  is  engaged  in  digging  down  any  street,  or  making  any  sewer 
or  drain  therein,  or  trench  for  water  pipes,  or  other  excavation,  in 
any  public  street,  sidewalk,  alley  or  open  place  in  this  city,  under 
any  contract  with  the  city,  or  any  private  corporation  or  person,  or 
where  the  same  is  done  by  any  person  or  private  corporation  for  his 
or  its  own  use  and  benefit,  and  such  work,  if  left  exposed,  would  bo 
dangerous  to  passengers,  horse,  teams  or  travelers,  such  person  or 
corporation  so  engaged  in  such  work  as  aforesaid  shall  erect  a  fence 
or  railing  at  such  excavation  or  work  in  such  manner  as  to  prevent 
danger  to  passengers,  teams  or  travelers  who  may  be  traveling  such 
street  or  alley,  and  so  maintain  such  fence  or  railing  until  such 
work  is  completed  or  danger  removed. 

And  it  shall  further  be  the  duty  of  such  person  or  corporation  to 
place  upon  such  railing  or  fence,  at  twilight  in  the  evening,  suit¬ 
able  and  sufficient  lights,  and  keep  them  burning  through  the  nignt 
daring  the  performance  of  such  work.  Any  person  or  corporation 
violating  any  of  the  provisions  of  this  section  shall  be  fined  not  less 
than  five  dollars,  nor  more  than  two  hundred  dollars  for  each 
offense. 

Sec.  7.  Cellar  doors  Open.  Whoever  shall,  in  the  night  time, 
leave  open  any  cellar  door,  vault,  well,  cistern,  excavation,  ditch  or 
like  hole  upon  or  adjoining  any  street,  alley  or  sidewalk,  without 
securing  and  protecting  the  same  so  as  not  to  endanger  the  safety 
of  persons  or  animals  passing  thereby  from  falling  therein,  shall  be 
subject  to  a  penalty  of  not  less  than  three  dollars,  and  not  exceed¬ 
ing  one  hundred  dollars. 

Sec.  8.  Merchandise  or  fuel  on  streets.  No  person  shall  ob¬ 
struct  or  incumber  any  street  or  alley  with  merchandise,  fuel  or 
other  articles  of  property  longer  than  may  be  necessary  in  the 
diligent  removal  of  the  same,  under  a  penalty  of  not  less  than  three 


130 


REVISED  ORDINANCES 


dollars,  nor  more  than  ten  dollars,  and  a  like  penalty  for  each  hour 
the  same  shall  not  be  removed,  after  notice  to  remove  the  same  by 
the  mayor,  street  commissioner  or  any  police  officer. 

Sec.  9.  Obstructing  street  by  teams.  When  any  street  or 
alley  may  be  obstructed  by  a  press  of  teams,  wagons  or  animals, 
the  mayor,  any  police  officer  or  any  alderman  may  give  such  orders 
and  directions  as  may  be  deemed  necessary  for  abating  the  obstruc¬ 
tion;  and  whoever  shall  not  obey  such  orders  and  directions  shall  be 
subject  to  a  penalty  of  not  less  than  three  dollars,  and  not  exceed¬ 
ing  one  hundred  dollars. 

Sec.  10.  Persons  placing  obstructions  liable  for  damages. 

Whoever  shall  place  or  leave,  or  cause  to  be  placed  or  left,  any 
encroachment,  incumbrance  or  obstruction  in  or  upon  any  street, 
alley  or  sidewalk,  shall,  in  all  cases,  be  liable  to  the  city  and  to 
private  persons  for  all  damages  or  injury  arising  from  such  en¬ 
croachment,  incumbrance  or  obstruction. 

Sec.  11.  Removal  of  buildings  through  streets.  No  person 
shall  move  or  cause  to  be  removed,  or  aid  in  removing,  any  building- 
through  or  across  any  street  or  alley  without  a  written  permit  from 
the  mayor,  nor  shall,  in  removing  such  building,  unnecessarily 
incumber  or  obstruct  any  street  or  alley,  or  for  a  longer  time  than 
may  be  necessary  in  the  prompt  and  diligent  removal  of  such  build¬ 
ing,  under  a  penalty  of  not  less  than  ten  dollars,  and  not  exceeding 
one  hundred  dollars  in  each  case,  and  an  additional  penalty  of  not 
less  than  three  dollars  for  each  day  such  building  shall  unnecessar¬ 
ily  remain  in  any  street  or  alley. 

Sec.  12.  Digging  ill  streets,  etc.  Whoever  shall  excavate, 
strip,  sap,  undermine  or  in  any  manner  dig  away  or  plow  any 
street,  alley  or  highway,  or  any  part  of  the  same,  shall  be  fined  not 
less  than  three  dollars,  nor  more  than  one  hundred  dollars. 

Sec.  13.  Excavations  adjoining  streets  to  be  guarded. 

Whenever  any  person  shall  hereafter  excavate,  sap,  strip,  under¬ 
mine  or  make  any  opening  in  the  ground  of  the  depth  of  four  feet 
or  more  upon  any  premises  contiguous  to  or  within  ten  feet  of  any 
street,  alley  or  highway,  such  person  shall  inclose  such  premises  by 
a  substantial  railing,  or  other  sufficient  barrier,  at  least  four  feet  in 
height,  and  shall  keep  up  such  railing  or  barrier  as  long  as  such 
excavation  or  opening  shall  remain;  and  for  any  neglect,  failure 


OF  THE  CITY  OF  MT.  PULASKI. 


1:51 

or  refusal  so  to  do,  such  person  shall  be  fined  not  less  than  three 
dollars,  nor  more  than  one  hundred  dollars. 

Sec.  14.  Excavations  in  streets — Tearing  up  sidewalks. 
No  person  not  authorized  by  ordinance  shall  make  any  excavation 
in  any  street,  alley  or  sidewalk  without  a  written  permit  from  the 
mayor,  under  a  penalty  of  not  less  than  three  dollars,  and  not  ex¬ 
ceeding  one  hundred  dollars.  Any  person  making  or  causing  to  be 
made  any  excavation  or  ditch,  for  any  purpose,  in  any  street  or 
alley  or  sidewalk,  shall,  without  any  unnecessary  delay,  cause  the 
same  to  be  filled  up  to  the  proper  level  of  the  street,  alley  or  side¬ 
walk,  and  shall,  from  time  to  time,  if  necessary,  continue  to  repair 
the  same  until  the  earth  is  completely  settled  and  the  surface  con¬ 
forms  to  the  proper  level  of  the  street.  Any  person  tearing  up  any 
plank  or  paved  street  or  sidewalk,  or  bridge  or  culvert,  for  any 
purpose,  or  negligently  breaking  or  injuring  the  same  by  the 
removing  of  any  building  over  the  same,  shall,  without  delay,  cause 
such  plank  or  paved  street,  alley  or  sidewalk,  or  bridge  or  culvert, 
to  be  repaired  or  placed  in  the  same  condition  as  before  the  break¬ 
ing  or  injuring  thereof.  Any  person  making  or  causing  to  be  made 
any  excavation  or  ditch,  or  tearing  up,  creaking  or  injuring  any 
plank  or  paved  street,  alley  or  sidewalk,  bridge  or  culvert,  or 
causing  the  same  to  be  broken,  injured,  or  torn  up,  who  shall  not 
comply  with  the  requirements  of  this  section,  shall  be  subject  to  a 
penalty  of  not  less  than  five  dollars,  and  not  exceeding  one  hundred 
dollars,  and  the  street  commissioner  shall,  without  delay,  cause 
such  filling  up  or  repairs  to  be  made  and  completed,  and  the  cost 
thereof  may  be  collected  of  any  person  whose  duty  it  was  to  do  the 
same,  and  recovered  with  the  penalty,  or  in  a  separate  suit  in  the 
name  of  the  city. 

Sec.  15.  Removing  grade  or  corner  stakes.  Whoever  shall 
purposely  change  or  remove  any  stake,  post  or  stone  placed  or  set 
to  designate  the  corner  or  line  of  any  lot  or  land,  street  or  alley,  or 
to  show  the  grade  of  any  street,  alley  or  sidewalk,  shall  be  subject 
to  a  penalty  of  not  less  than  five  dollars,  and  not  exceeding  one 
hundred  dollars. 

Sec.  16.  Removing  or  selling  earth  from  street.  Whoever 
shall,  for  any  private  purpose,  dig  remove  or  carry  away  any  earth 
from  any  street  or  alley,  without  the  permission  of  the  city  coun- 


132 


REVISED  ORDINANCES 


cil,  shall  be  subject  to  penalty  of  not  less  than  one  dollar  for  each 
load  removed  or  carried  away;  and  any  city  officer  who  shall  sell  or 
dispose  of  any  earth  from  any  street  or  alley  for  his  private  gain  or 
benefit  shall  be  subject  to  a  penalty  of  not  less  than  twenty-five 
dollars,  and  not  exceeding  one  hundred  dollars. 

Sec.  17.  Ashes ,  rubbish ,  etc.,  in  streets  and  alleys :  Who¬ 
ever  shall  throw,  place  or  leave  any  ashes,  dirt,  garbage,  filth  or 
other  rubbish  in  or  upon  any  street,  alley  or  side  walk,  or  shall 
knowingly  suffer  or  permit  the  same  to  be  thrown,  placed  or  left  in 
or  upon  any  street,  alley  or  sidewalk  in  front  of  or  adjoining  any 
premises  owned  or  occupied  by  him,  or  under  his  control,  shall  be 
subject  to  a  penalty  of  not  less  than  one  dollar  and  not  exceeding 
one  hundred  dollars,  and  to  a  like  penalty  for  each  day  the  same 
■may  remain  after  notice  to  remove  the  same  by  the  mayor,  the 
street  commissioner,  or  any  police  officer  or  any  alderman. 

Sec.  18.  Fire  Upon  street  crossings.  Whoever  shall  throw, 
place  or  leave  any  live  coals  or  fire,  or  make  or  kindle  any  fire,  up¬ 
on  any  planked  street  crossing,  shall  be  subject  to  a  penalty  of  not 
less  than  three  dollars,  and  not  exceeding  one  hundred  dollars,  and 
shall  likewise  be  liable  for  all  damages  caused  thereby,  and  the  cost 
■of  repairing,  which  may  be  recovered  with  the  penalty,  or  in  a  sep¬ 
arate  suit  in  the  name  of  the  city. 

Sec.  19.  Throwing  paper,  etc.,  upon  streets.  Whoever  shall 
throw  any  paper,  straw,  tin  cans  or  litter  of  any  kind  into  any 
street,  alley  or  open  space  of  ground,  in  said  city,  shall  be  fined  not 
less  than  three  dollars,  nor  more  than  fifty  dollars  for  each 
offense. 

Sec.  20.  Stopping  team  on  crossings.  Whoever  shall  obstruct 
any  street  crossing  by  unnecessarily  stopping  thereon  with  any 
team,  vehicle  or  animal,  so  as  to  incommode  persons  crossing  the 
same,  shall  be  subject  to  a  penalty  of  not  less  than  one  dollar,  and 
not  exceeding  ten  dollars. 

Sec.  21.  Feeding  or  huckstering  on  public  square.  No  per¬ 
son  or  persons  shall  feed  any  team,  horse  or  horses,  or  other  animal 
upon  the  public  square  in  said  city,  nor  shall  stop  upon  the  same 
with  teams,  wagons,  market  wagons,  carriages,  or  otherwise,  for 
the  purpose  of  marketing,  bargaining,  bartering,  trafficking  or  in 
hawking  any  wood,  coal,  hay,  straw,  fish,  poultry,  produce,  goods, 


OF  THE  CITY  OF  MT.  PULASKI. 


133 


wares  or  merchandise,  under  a  penalty  of  not  less  than  three 
dollars,  nor  more  than  one  hundred  dollars  for  each  offense. 

Sec.  22.  Molesting  paved  streets.  No  person,  persons  or 
corporation  shall  injure,  tear  up  or  molest  any  brick  pavement  or 
sidewalk  now  or  hereafter  laid  on  any  street  or  alley  of  said  city, 
or  drive  any  team  or  vehicle  over  any  sidewalk,  except  at  a  regular 
crossing  without  first  fully  protecting  such  walk  from  injury  by 
suitable  timbers  or  planks,  or  dig  any  hole,  ditch,  trench,  drain  or 
excavation  therein  for  any  purpose  whatever,  without  first  having 
obtained  permission  so  to  do  from  the  city  council  of  said  city. 

Sec.  23.  No  permission  to  be  granted  until  bond  is  given — 
Penaltv.  No  permission  shall  be  granted  by  the  mayor  or  city 
council  to  any  person,  persons  or  corporation  to  dig  any  hole,  ditch, 
trench,  drain  or  excavation  in  any  such  paved  street  or  sidewalk 
unless  the  person,  persons  or  corporation  desiring  to  dig  any  such 
hole,  ditch,  trench,  drain  or  excavation  in  such  paved  street  or 
sidewalk  shall  first  give  a  good  and  sufficient  bond,  conditioned 
that  such  person,  persons  or  corporation  will  restore  such  pavement 
or  sidewalk  to  as  good  a  condition  as  the  same  was  in  before  such 
hole,  ditch,  trench,  drain  or  excavation  was  made  therein,  and  that 
he,  they  or  it  will  save  and  keep  harmless  the  said  city  from  all 
loss  or  damage  which  may  be  occasioned  by  such  hole,  ditch,  drain, 
trench  or  excavation.  Any  person  who  shall  injure,  tear  up,  or 
molest  any  such  brick  pavement  or  sidewalk  or  dig  any  hole,  ditch, 
trench,  drain  or  excavation  therein,  without  having  obtained  per¬ 
mission  so  to  do  as  provided  for  in  this  section,  shall  be  fined  in  any 
sum  not  less  than  ten  dollars,  and  not  more  than  one  hundred 
dollars  for  each  offense. 

% 

Passed  the  5th  day  of  April  A.  D.  1897 

Approved  the  5th  day  of  April  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 

H.  B.  Capps,  City  Clerk 


134 


REVISED  ORDINANCES 


CHAPTER  XXVIII. 


WARDS. 


Section  1. 
“  2. 

3. 

■t.t  A 


Division  of  the  city  into  wards. 
Boundaries  of  the  first  ward. 
Boundaries  of  the  second  ward. 
Boundaries  of  the  third  ward. 


Section  1.  Division  of  the  city  into  wards.  Be  it  ordained 
by  the  city  council  of  the  city  of  Mt.  Pulaski:  That  the  city 
uf  Mt.  Pulaski  is  hereby  divided  into  three  wards,  and  the  numbers 
of  said  wards  being  1,  2  and  3,  and  the  boundaries  shall  be  as  are 
set  out  in  the  succeeding  sections  of  this  chapter. 

Sec.  2.  Boundaries  of  the  first  ward.  All  that  territory 
within  the  corporate  limits  of  the  present  city  of  Mt.  Pulaski, 
Illinois,  east  of  the  extreme  west  side  of  Washington  street  in  said 
city,  and  south  of  Morgan  street  except  block  number  24  shall  be 
and  constitute  the  first  ward  and  the  boundary  of  said  ward  shall 
-commence  at  the  northeast  corner  of  block  fourteen  and  run  thence 
south  on  the  extreme  west  side  of  Washington  street  on  a  line  to 
the  extreme  southerly  limits  of  said  city;  thence  east  to  the  extreme 
easterly  limits  of  said  city;  thence  north  until  the  line  of  Morgan 
street  is  reached;  thence  west  on  a  line  of  the  center  of  Morgan 
street  to  the  center  of  Lafayette  street;  thence  south  in  the  center 
■of  Lafayette  street  to  the  south  side  of  Jefferson  street;  thence 
west  to  the  northeast  corner  of  block  fourteen  to  the  place  of 
beginning. 

Sec.  3.  Boundaries  of  the  second  ward.  All  that  territory 
in  the  city  of  Mt.  Pulaski  north  of  Morgan  street  together  with 
block  twenty-four  in  said  city,  shall  be  and  constitute  the  second 
ward.  The  boundary  of  said  ward  shall  be  as  follows:  Beginning 


OF  THE  CITY  OF  MT.  PULASKI. 


135 


at  the  northeast  corner  of  the  corporate  limits  of  said  city,  and  run 
thence  south  on  a  line  of  said  corporate  limits  to  a  line  of  the  center 
of  Morgan  street,  thence  west  to  the  center  of  Lafayette  street; 
thence  south  on  the  center  of  Lafayette  street  to  the  south  side  of 
Jefferson  street;  thence  west  to  the  west  side  of  Washington  street; 
thence  north  to  the  center  of  Morgan  street;  thence  west  to  the 
extreme  west  limits  of  said  city;  thence  north  on  the  west  line  of 
said  corporate  limits;  thence  north  on  the  west  line  of  said  corpor¬ 
ate  limits,  to  the  extreme  north  line  of  said  corporate  limits;  thence 
east  to  the  point  of  beginning. 

Sec.  4.  Boundaries  of  the  third  ward.  All  that  territory  in 
the  city  of  Mt.  Pulaski,  Illinois,  west  of  the  west  side  of  Washing¬ 
ton  street  and  south  of  Morgan  street  shall  be  and  constitute  the 
third  ward.  The  boundary  of  said  ward  shall  be  as  follows:  Begin¬ 
ning  in  the  center  of  Morgan  street  and  running  thence  south 
on  the  west  side  of  Washington  street  on  a  line  to  the  extreme 
southerly  limits  of  the  corporate  limits  of  said  city,  thence  west  to 
the  west  limits  of  said  corporate  limits,  and  thence  north  to  a  line 
of  the  center  of  Morgan  street;  thence  east  to  the  place  of  begin¬ 
ning. 

Passed  the  5th  day  of  April,  A.  D.  1897. 

Approved  the  5th  day  of  April  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 

H.  B.  Capps,  City  Clerk. 


136 


REVISED  ORDINANCES 


Section  1. 
“  2. 

“  3. 

“  4. 

“  5. 

“  6. 

“  7. 

“  8. 

“  9. 

•“  10. 

“  11. 

“  12. 

“  13. 

14. 
££  15. 

“  16. 

17. 

•“  18. 

19. 


Section  1. 
“  2. 

“  3. 

“  4. 

“  5. 

“  6. 


CHAPTER  XXIX. 

WATER  RATES  AND  REGULATIONS. 

ARTICLE  I. 

RULES  AND  REGULATIONS. 

Water  consumers  bound  by  rules. 
Application  for  water. 

Laying  service  pipe,  etc. 

Owner  to  become  responsible. 

Application  to  be  for  extension  or  change. 
Not  liable  for  breaks,  etc. 

Water  rents — When  payable. 

Term  of  leases. 

When  water  turned  on. 

Access  to  premises  for  inspection. 

To  make  repairs. 

Not  to  allow  the  water  to  be  used  by  others. 
Water  for  building  purposes. 

To  run  only  when  in  use. 

No  hose  used  except  as  authorized. 

Hydrants  and  fire  plugs  used — When. 

Not  to  use  during  fire. 

Abuses. 

Penalties, 


ARTICLE  II. 

PLUMBING. 

Plumber’s  license,  liable  to  city. 

Plumbers  to  make  returns. 

Interior  plumbing. 

Inspection  by  superintendent. 

Violation  of  ordinance  by  plumber  or  pipe  fitters. 
Unlicensed  plumbers  not  to  do  work — Penalty. 


OF  THE  CITY  OF  MT.  PULASKI. 


137 


ARTICLE  III. 
WATER  RATES. 

Section  1.  Water  rates. 

“  2.  Unclassified  rates. 


ARTICLE  IY. 


MISCELLANEOUS. 


Section  1. 
“  2. 

“  3. 


Superintendent  of  the  water  supply  system. 
Compensation  of  superintendent  of  water  supply 
system.  * 

Duties  of  the  city  clerk. 


ARTICLE  i. 

RULES  AND  REGULATIONS. 

Section  1.  Water  consumers  bound  by  rules.  Be  it  ordain¬ 
ed  by  the  city  council  of  the  city  of  Alt.  Pulaski:  That  the 

following  rules,  regulations  and  rates,  together  with  such  others  as 
may  hereafter  be  adopted,  shall  be  a  part  of  the  contract  between 
the  city  and  every  consumer  of  water  from  the  water  system  of  the 
city,  and  in  making  application  for  water,  every  consumer  shall 
agree  in  writing  to  be  bound  thereby.  Whenever  any  rule  or 
regulation  is  violated  the  water  shall  be  shut  off  from  the  building 
or  the  place  of  such  violation,  and  shall  not  be  turned  on  again 
except  by  order  of  the  superintendent  of  the  water  supply  system, 
and  on  payment  of  one  dollar,  and  such  other  terms  as  the  water 
works  committee  may  determine,  and  a  satisfactory  understanding 
with  the  party  or  parties  that  no  further  cause  for  complaint  shall 
arise;  and  in  case  of  such  further  violation,  the  said  committee  shall 
have  the  right  to  declare  any  payment  made  for  water  by  the 
person  guilty  of  such  violation  forfeited,  and  the  same  shall  there¬ 
upon  be  forfeited. 

Sec.  2.  Application  for  water.  Parties  desiring  to  have 
water  from  the  city  water  works,  must  make  application  on  printed 
blanks  furnished  for  such  purpose,  at  the  office  of  the  city  clerk; 
if  no  valid  objection  exists,  the  superintendent  of  the  water  supply 
system  shall  then  issue  to  such  licensed  plumber  as  may  be  selected 
by  the  applicant  a  permit  authorizing  him  to  do  the  work. 

A  special  permit  must  be  issued  for  each  service  connection,  each 
building,  residence,  business  place,  etc.  Also  for  each  branch 


138 


REVISED  ORDINANCES 


connection  when  more  than  one  connection  is  made  from  one  ser¬ 
vice  pipe. 

Sec.  3.  Ldyitlg  service  pipe,  etc.  The  superintendent  of  the 
water  supply  system  or  person  authorized,  will  tap  the  mains  and 
insert  a  stop  cock,  which  shall  be  known  as  a  corporation  cock,  and 
shall  then  connect  the  service  pipe  to  the  corporation  cock,  and  in 
case  of  residence  property,  lay  it  to  a  point  seven  feet  from  the  line 
of  such  property,  and  in  case  of  property  used  or  adapted  to  busi¬ 
ness  purposes,  to  a  point  ten  and  one-half  feet  from  the  line  of  such 
property,  and  there  set  a  stop  cock,  which  shall  be  known  as  the 
service  cock,  together  with  the  service  cock  box,  for  which  the 
applicant  shall  pay  for  one-half  inch  tap,  the  sum  of  six  dollars;  for 
three-fourths  inch  tap,  the  sum  of  seven  dollars  and  fifty  cents;  for 
one  inch  tap,  the  sum  of  ten  dollars.  Provided,  Whenever  the 
water  works  committee  shall,  for  any  reason,  find  it  impracticable 
to  locate  the  service  cock  as  provided  herein,  they  shall  have  full 
authority  to  so  locate  it  as  they  may  deem  advisable. 

Provided,  Further,  that  the  city  may  lay  one  service  pipe  to 
supply  two  or  more  premises  when  same  are  off  the  line  of  the  water 
mains,  and  in  such  case  may  lay  the  service  pipe  to  such  points  as 
may  be  most  convenient  to  all  parties  concerned,  (to  be  determined 
by  the  water  works  committee.) 

Provided,  Further,  that  in  no  case  shall  a  four  inch  main  receive 
a  larger  tap  than  a  one-half  inch,  no  six  inch  main  larger  than  a 
three-fourth  inch  tap,  and  no  eight  inch  main  larger  than  a  one 
inch  tap  without  the  special  permit  of  the  water  works  committee. 
All  taps  on  mains  shall  be  at  least  twenty-four  inches  apart.  No 
connections  with  the  mains  shall  be  made  during  freezing  weather, 
unless  approved  by  the  superintendent  of  the  water  supply  system. 
All  pipes  used  to  convey  from  the  street  mains  shall  be  laid  not  less 
than  four  feet  below  the  surface  of  the  ground. 

Sec.  4.  Owner  to  become  responsible.  In  all  cases  where 
more  than  one  family  or  other  consumers  are  supplied  from  a  pipe  or 
pipes  governed  by  one  stop,  the  owner  or  lessee  of  the  property,  or 
the  party  introducing  the  water,  must  become  responsible  for  the 
payment  of  all  bills  and  keeping  in  repair  all  hydrants,  pipes,  stop¬ 
cocks,  etc.,  otherwise  the  water  will  be  shut  off  from  the  building 
or  buildings  so  supplied  until  such  responsibility  is  assumed,  and 
any  amount  in  arrears  is  fully  paid. 


OF  THE  CITY  OF  MT.  PULASKI. 


139 


Sec.  5.  Application  to  be  made  for  extension  or  change . 
Special  application  must  be  made  and  permission  obtained  of  the 
superintendent  of  the  water  supply  system  for  making  any  exten¬ 
sion  or  change  of  the  plumbing  of  any  house,  residence  or  business 
place  beyond  that  for  which  permission  may  have  already  been 
granted. 

No  permit  shall  be  understood  to  authorize  anything  not  explicit¬ 
ly  and  truthfully  stated  in  the  application,  and  any  misrepresenta¬ 
tion  in  the  application  the  plumber  shall  report  to  the  superintend¬ 
ent  of  the  water  supply  system. 

Sec.  G.  Not  liable  for  breaks,  etc.  No  claim  shall  be  made 
against  the  city  of  Mt.  Pulaski  by  reason  of  the  breaking  of  any 
main  or  service  pipe,  cock,  or  on  account  of  any  other  interruption 
of  the  supply,  or  by  reason  of  breakage  of  machinery  or  stoppage 
for  necessary  repairs. 

Sec.  7.  Water  rents— When  payable.  All  water  rents  not 
otherwise  provided  for,  shall  be  paid  quarterly,  on  the  first  day  of 
January,  April,  July  and  October,  in  advance.  The  hours  for 
sprinkling  shall  be  from  six  o’clock  to  seven  o’clock  p.  m.,  and  in 
no  case  shall  hose  be  used  without  a  nozzle,  and  the  nozzle  shall  not 
exceed  one  quarter  of  an  inch  in  diameter.  And  the  hose  shall  not 
be  larger  than  three-fourths  of  an  inch  in  diameter.  And  all  per¬ 
sons  are  expressly  prohibited  from  affixing  sprinklers  with  the- 
water  turned  on  to  trees  or  fences,  or  otherwise  allowing  them  to 
flow  without  control  or  limit. 

The  water  will  be  cut  off  from  any  consumer  failing  to  pay  his 
water  tax  when  it  comes  due,  and  it  will  not  be  turned  on  again 
except  on  the  payment  of  the  rent  due  and  the  additional  sum  of 
one  dollar.  Meter  rates  shall  be  paid  in  each  case  as  may  be  agreed 
upon  with  the  water  works  committee. 

Sec.  8.  Term  of  leases.  Except  when  meters  are  used  all  leases 
shall  be  for  a  term  of  one  year  or  more.  All  new  applications  shall 
be  required  to  pay  in  advance  the  amount  due  pro  rata  from  the  day 
of  application  to  the  first  day  of  the  next  ensuing  quarter. 

The  city  reserves  the  right  to  attach  a  water  meter  to  any  service 
pipe  whenever  the  council  shall  deem  it  expedient.  No  meter  shall 
be  used  except  such  as  may  be  approved  by  the  water  works  com¬ 
mittee.  The  cost  of  the  meter  and  the  expense  of  placing  the  same 
in  position  shall  be  borne  by  the  consumer. 


140 


REVISED  ORDINANCES 


Sec.  9.  When  water  turned  on.  The  water  will  not  be  turn¬ 
ed  into  any  service  pipe,  except  when  meters  are  used,  until  the 
applicant  shall  have  paid  the  rent  due,  and  plumbers  are  strictly 
prohibited  from  turning  the  water  into  any  service  pipe  except  on 
the  order  or  permission  of  the  superintendent. 

This  rule  shall  not  be  construed  to  prevent  any  plumber  admit¬ 
ting  the  water  to  test  pipes,  and  for  that  purpose  only. 

Sec.  10.  Access  to  premises  for  inspection.  All  officers  and 
employes  of  the  city,  and  the  water  works  committee  or  any  mem¬ 
ber  thereof,  shall  have  free  access  at  all  reasonable  hours  to  the 
premises  where  water  is  used,  to  make  necessary  examinations,  and 
in  case  it  is  found  that  water  is  wasted  on  account  of  negligence,  or 
for  want  of  repairs,  and  if  such  waste  is  not  immediately  remedied, 
the  service  pipe  leading  to  such  premises  shall  be  immediately  shut 
off. 

It  shall  be  the  duty  of  said  officer,  in  case  he  discovers  any  defect 
in  a  private  pipe  beyond  the  service  cock,  to  give  notice  in  writing, 
to  be  left  at  the  premises,  and  if  necessary  repairs  are  not  made 
in  twenty-four  hours  thereafter,  the  water  shall  be  shut  off  and  shall 
not  be  turned  on  again  until  the  sum  of  three  dollars  has  been  paid 
to  the  superintendent  of  the  water  supply  system. 

Sec.  11.  To  make  repairs.  Parties  taking  water  must  keep 
the  service  pipe  and  all  fixtures  connected  therewith,  in  good  repair, 
and  protected  from  frost,  at  their  own  expense,  and  must  prevent 
all  unnecessary  waste,  or  the  water  will  be  shut  off. 

Sec.  12.  Not  to  allow  the  water  to  be  used  by  others.  Any 
consumer  or  consumers  of  water  from  said  water  works  who  shall 
permit  others  not  members  of  his  family  or  families  to  use  water 
from  his  or  their  hydrant,  faucet  or  other  device,  and  any  one  who 
shall  thus  obtain  water  without  a  permit  from  the  superintendent 
shall  be  fined  in  the  sum  of  not  less  than  one  nor  more  than  ten 
dollars,  and  the  water  shall  immediately  be  shut  off  from  the 
premises  where  such  person  is  permitted  to  obtain  it. 

Sec.  13.  Water  for  building  purposes.  Persons  desiring  to 
obtain  water  for  building  purposes,  or  regular  consumers  desiring 
the  use  of  the  same  for  that  purpose,  must  before  such  use,  apply  to 
the  superintendent  of  the  water  supply  system,  for  permission 
therefor,  and  render  a  true  and  correct  account  of  all  brick,  stone, 


OF  THE  CITY  OF  MT.  PULASKI. 


141 


plastering  or  other  work  for  which  the  water  is  to  be  used  in  the 
building  and  pay  the  charges  therefor,  and  in  no  case  shall  any 
person  or  persons  using  or  permitting  the  use  of  water  for  building- 
purposes  be  relieved  from  responsibility  to  the  city  for  the  use 
thereof,  and  the  use  of  water  in  all  cases  without  such  permission 
as  aforesaid,  shall  be  deemed  a  fraudulent  use  thereof,  and  subject 
the  user  to  the  penalties  herein  mentioned. 

Sec.  14.  To  run  only  when  in  use.  Hydrants,  tap  hose, 
water  closets,  urinals,  baths  or  other  fixtures  will  not  be  permitted 
to  be  kept  running  when  not  in  actual  use,  without  special  permit, 
and  the  payment  of  additional  rates,  such  rates  to  be  determined  by 
the  water  works  committee. 

Sec.  15.  Ho  hose  used  except  as  authorized.  No  hose  shall 
be  used  for  sprinkling  unless  a  permit  for  the  same  has  been  ap¬ 
plied  for  and  allowed  by  the  superintendent  of  the  water  supply 
system,  and  in  no  case  shall  it  be  over  three-fourths  of  an  inch  in 
diameter,  or  be  used  without  a  nozzle,  and  the  nozzle  shall  not  ex¬ 
ceed  one-fourth  of  an  inch  in  diameter;  said  hose  shall  not  be  suffer¬ 
ed  to  run  when  not  used  by  a  person  engaged  in  sprinkling. 

Sec.  16.  Hydrants  and  fire  plugs  used  when.  No  person  ex¬ 
cept  the  superintendent  of  the  water  supply  system  or  the  chief  of¬ 
ficer  of  the  fire  department  shall  take  water  from  any  public  or  pri¬ 
vate  hydrant,  fire  plug  or  other  fixture  connecting  with  the  water 
mains,  except  for  fire  purposes,  or  for  the  use  of  the  fire  department 
in  case  of  fire,  nor  in  any  way  take  or  use  water  for  private  use, 
unless  such  person  shall  first  make  application  to  the  superintendent 
of  the  water  supply  system  and  comply  with  the  rules  laid  down  by 
this  ordinance. 

Sec.  17.  Hot  to  use  during  fire.  Immediately  upon  an  alarm 
of  fire  being  sounded  all  sprinkling  of  streets,  yards  or  lawns  shall 
cease,  and  no  such  sprinkling  shall  be  done  while  the  water  is  used 
for  fire  purposes,  or  for  two  hours  after  any  fire  alarm  is  sounded 

Sec.  18.  Abuses.  The  following  abuses  are  absolutely  prohib¬ 
ited:  First,  permitting  or  allowing  the  water  to  be  used  for  any 
other  purpose  than  those  authorized  by  the  permit.  Second, 
sprinkling  gardens,  streets  or  sidewalks,  or  washing  carriages,  om¬ 
nibuses  or  other  vehicles  with  hose,  without  a  special  permit  ob¬ 
tained  from  the  superintendent  of  the  water  supply  system,  and 


142 


REVISED  ORDINANCES 


paid  for  at  the  city  cierk’s  office.  And  in  no  case  will  hose  be  al¬ 
lowed  for  above  purposes  with  a  nozzle,  when  used  for  washing 
carriages  or  other  vehicles,  greater  than  one-eighth  of  an  inch,  and 
for  other  purposes  greater  than  one-fourth  of  an  inch  diameter  of 
circular  opening,  or  their  equivalent.  Third,  permitting  leaks. 
Fourth,  allowing  water  to  flow  unnecessarily  while  washing  pave¬ 
ments  or  for  similar  purposes,  or  allowing  hose  to  be  used  for 
sprinkling  street,  yard  or  garden,  or  similar  purpose,  at  other  times 
than  those  permitted  by  this  ordinance,  or  without  some  person 
being  in  actual  charge  of  the  hose  while  so  used. 

Sec.  19.  Penalties.  Any  violations  of  any  of  the  requirements 
or  provisions  of  this  ordinance,  shall  subject  the  offender  to  have 
the  water  turned  off  from  his  premises,  to  a  forfeiture  of  all  moneys 
paid  as  water  rents  or  charges,  and  where  no  penalty  is  expressly 
provided,  to  the  payment  on  conviction  of  a  fine  of  not  less  than  five 
nor  more  than  one  hundred  dollars  for  each  offense. 

ARTICLE  II. 

PLUMBING. 

Section  1.  Plumbers  license — Liable  to  city.  Any  plumber 
or  pipe-fitter  wishing  to  do  business  in  connection  with  the  Mt.  Pu¬ 
laski  water  supply  system,  before  entering  into  any  agreement  to 
do  so  must  procure  a  license,  and  shall  be  governed  in  all  respects 
by  the  ordinances  and  regulations  which  are  or  may  be  adopted  by 
the  city  council. 

The  amount  to  be  paid  for  such  license  shall  be  fifty  cents.  Such 
plumber  shall  also  be  responsible  for  all  damages  the  water  works 
may  sustain  at  his  hands.  The  city  council  shall  require  any  and  all 
plumbers  and  pipe-fitters  to  give  bond  in  the  amount  of  one  thous¬ 
and  (1,000)  dollars,  to  be  approved  by  the  city  council,  to  indemnify 
and  save  harmless  the  city  of  Mt.  Pulaski  from  any  and  all  acci¬ 
dents,  damages  and  losses  which  said  water  works  may  sustain  by 
reason  of  his  failure  to  comply  with  all  rules  and  regulations  which 
are  now  or  may  hereafter  be  established. 

Sec.  2.  Plumbers  to  make  returns •  Plumbers  and  pipe-fit¬ 
ters  shall  make  full  and  complete  returns  to  the  superintendent  of 
the  water  supply  system,  of  the  uses  for  and  to  which  water  is 
applied  under  any  permit  granted.  Said  returns  must  be  made  by 
the  plumbers  or  pipe-fitters  doing  the  work  within  forty-eight  hours 


OF  THE  CITY  OF  MT.  PULASKI. 


143 


after  the  completion  of  said  work,  and  must  contain  a  complete  list 
of  all  articles  and  fixtures  used,  as  the  water  will  not  be  turned  on 
any  premises  until  after  the  said  returns  is  made,  and  the  work 
reported  to  be  in  accordance  with  the  rules  and  regulations  herein 
prescribed. 

Sec.  3.  Interior  plumbing.  The  interior  plumbing  may  be  of 
such  kind  as  the  applicant  or  owner  may  direct,  but  must  stand  a 
pressure  of  not  less  than  two  hundred  pounds  to  the  square  inch, 
and  be  subject  to  the  inspection  of  the  superintendent  of  the  water 
supply  system;  the  owner  being  subject  to  all  damages,  whether 
occasioned  by  inferior  materials,  workmanship  or  other  cause. 

sec.  4.  Inspection  by  superintendent.  All  plumbing  work 
shall  be  done  in  the  manner  required  by  the  superintendent  of  the 
water  supply  system  except  as  herein  specified,  and  shall  be  subject 
to  the  inspection  of  said  superintendent,  and  be  approved  by  him, 
and  the  patterns  and  quality  of  all  appurtenances  shall  in  like  man¬ 
ner  be  subject  to  his  approval,  and  no  work  under  ground  shall  be 
covered  up  until  examined  by  him  or  his  authorized  agent. 

Sec.  5.  Violation  of  ordinance  by  plumber  or  pipe-fitters. 
In  case  of  violation  of  any  of  the  provisions  of  this  ordinance  or  of 
any  regulations  of  the  city  water  works  hereafter  made  on  the  part 
of  any  licensed  plumber  or  pipe-fitter,  the  city  council  may  annul 
such  license,  and  in  case  the  person  whose  premises  are  to  be  sup¬ 
plied  with  water,  shall  procure  the  work  of  said  construction  and 
attachments  to  be  done  by  any  person  other  than  the  licensed 
plumber  or  pipe-fitter,  who  may  be  named  in  said  permit,  the 
superintendent  of  the  water  supply  system  may  at  will  withhold  the 
supply  of  water  from  the  premises  aforesaid. 

Sec.  6.  Unlicensed  plumbers  not  to  do  work— Penalty. 

Any  person  not  duly  licensed  who  shall  do  any  plumbing  for  the 
purpose  of  connecting  with  the  city  water  works,  shall  on  con¬ 
viction  therof,  be  fined  in  the  sum  of  not  less  than  ten  (10)  dollars, 
nor  more  than  one  hundred  (100)  dollars. 

ARTICLE  III. 

WATER  RATES. 

Sec.  1.  Water  rates.  The  water  rates  to  be  charged,  subject 
to  the  other  provisions  of  this  ordinance,  shall  be  as  follows: 


144 


REVISED  ORDINANCES 


REGULAR  RATES. 

Bakeries  . . .  $  6  00 

Bakeries  with  restaurants . . . . .  9  00 

Banks . . . . . - .  5  00 

Barber  shop,  first  chair...... . . . . .  3  00 

Barber  shop,  each  additional  chair.. . . .  2  00 

Bath  tub,  private  residence . . . . . . .  3  00 

Bath  tub,  hotel  or  boarding  house . . . . . . . . . .  8  00 

Billiard  room . . . . . . . . . . .  6  00 

Boarding  house,  six  rooms  or  less . . .  6  00 

Boarding  house,  each  additional  room  over  six . .  50 

Blacksmith  shop,  one  fire.. . . .  4  00 

Blacksmith  shop,  each  additional  fire . . . . . .  1  00 

Building  purposes,  each  1000  brick . . .  10 

Building  purposes,  each  100  square  yards  plastering . .  25 

Bottling  establishment, . . . . . . . ..meter. 

Bowling  alley. . . . . . ... . . . . . . .  6  00 

Butcher  and  meat  shops...... . . . . .  12  00 

Dwelling  house,  one  family,  for  domestic  use . .  4  00 

Churches  . . . . . . . . . . . . . . . . ....free. 

Cigar  manufactory  . . . . . . . . .  6  00 

Club  room  . . . . . . . . . . . .  special. 

Dyeing  and  scouring . . . . . . . .meter. 

Dentist, . . . . . . . . . . .  5  00 

Drug  store  without  soda  fountain. .  6  00 

Druo-  store  with  soda  fountain .  9  00 

O 

Hotel,  . . . . . . . . . . . .  meter. 

Lodge  room  . . . . . . . .  5  00 

Laundries . . . . . . . . . . . . • . meter. 

Lumber  office . . . . . . . . . . . . .  5  00 

Offices  and  sleeping  room,  not  over  two  persons . . .  3  00 

Photograph,  . . . . . . . . . . .  6  00 

Printing  office  without  steam  engine _ _ _ _ _ _  8  00 

Restaurants  and  eating  houses.. . . . . .  6  00 

Saloon  without  hydraulic  beer  pump . . . . . . .  15  00 

Saloon  with  hydraulic  beer  pump . . . .  20  00 

Soda  fountain. . . . . . . . . . . . .  4  00 

Schools,  publi c...__ _ _ _ _ _ . . . . . . . special. 

Schools  private _ _ _ _ _ _ _ _ _ special. 

Steam  engine . . . . . . . . . special. 

Stable,  livery,  six  horses  or  less . . .  15  00 

Stable,  livery,  over  six  horses . . . . . . mettr. 

Stable,  private,  one  horse  with  carriage  wash...... . 2  00 

Stable,  private,  each  additional  horse..... . . 1  00 

Neat  cattle  each . 1  00 

Store  not  classified,  over  25  ft.  front  and  less  than  50  9  00 

Store  not  classified,  25  ft.  front  or  less . .  6  00 


OF  THE  CITY  OF  MT.  PULASKI.  145 

Sprinkling  with  hose,  lawn  and  garden,  1  lot  not  over 

sixty  feet  front . _ .  10  00 

Urinals,  private  house.. .  2  00 

Urinals,  stores,  banks  and  offices..... . . .  2  00 

Water  closets,  private  houses . . . . . .  3  00 

Water  closets,  stores,  banks  and  offices.. . . . .  4  00 

Sprinkling  cart . . . . . ..special. 

Workshop,  ten  bands  or  less . . . . . . . . . . . .  5  00 

METER  RATES. 

Less  than  100  gals,  per  day,  per  100  gals. .  04 

100  gals,  to  500  gals,  per  day,  per  100  gals. . . .  03^- 

500  gals,  to  1000  gals  per  day,  per  100  gals. . . . .  03 

1000 gals,  to  3000  gals,  per  day,  per  100  gals... .  02-^ 

3000  gals,  to  5000  gals,  per  day,  per  100  gals. .  02 

5000  gals,  and  upwards  per  day,  per  100  gals. . ..special  rates 


Sec.  2.  Unclassified  rates.  Rates  for  all  other  purposes  that 
may  be  applied  for,  not  named  in  the  foregoing  schedule,  shall  be 
fixed  by  estimation  or  meters,  at  the  option  of  the  water  works 
committee. 


ARTICLE  IY. 

MISCELLANEOUS. 

Section  1.  Superintendent  of  the  water  supply  system. 
The  mayor  of  the  city  may  with  the  advice  and  consent  of  the  city 
council  appoint  a  superintendent  of  the  water  supply  system,  who 
shall  hold  his  office  during  the  then  current  fiscal  year,  and  until 
his  successor  is  appointed  and  qualified,  unless  sooner  removed  by 
the  mayor  with  the  consent  of  a  majority  of  the  city  council  elected. 
Provided,  nothing  herein  shall  be  taken  to  prevent  his  removal  in 
the  manner  provided  by  ordinance  for  the  removal  of  all  appointive 
officers  for  cause. 

The  superintendent  of  the  water  supply  system  shall  be  the  gen¬ 
eral  executive  officer  of  the  water  supply  system.  He  shall  give 
bond  in  the  penal  sum  of  one  thousand  dollars,  conditioned  for  the 
faithful  discharge  of  his  duties,  said  bond  to  be  approved  by  the 
city  council;  he  shall  have  special  charge  under  the  supervision  of 
the  water  works  committee,  of  all  buildings,  machinery,  grounds 
and  everything  connected  therewith,  and  shall  see  that  no  depreda- 


146 


REVISED  ORDINANCES 


tions  or  misdemeanors  are  committed.  It  shall  be  his  duty  to  see 
that  the  rules  and  regulations  and  all  resolutions  of  the  council 
pertaining  to  the  water  supply  system  are  executed.  That  the 
conditions  of  all  contracts  by  or  with  said  system  are  faithfully 
complied  with;  and  to  have  a  general  supervision  over  all  the  opera¬ 
tions  and  interests  of  said  system,  and  the  directions  of  all 

e/ 

employes.  He  shall  also  collect  the  amounts  provided  to  be  paid  as 
penalties  on  the  part  of  consumers  of  the  city  water,  for  failure 
to  comply  with  the  provisions  of  this  ordinance,  except  those 
requiring  the  bringing  of  suits.  All  moneys  so  collected  by  him 
shall  be  turned  over  to  the  city  treasurer.  His  report  of  such  col¬ 
lection  shall  be  made  monthly  to  the  city  council. 

He  shall  make  an  annual  report  of  the  condition  and  operation  of 
said  works,  and  may  embody  therein  such  recommendations  and 
suggestions  as  he  may  deem  necessary  or  expedient,  and  shall  per¬ 
form  such  other  duties  as  the  water  works  committee  may  prescribe. 

Sec.  2.  Compensation  of  superintendent  of  water  supply 
SVStem.  The  superintendent  of  the  water  supply  system  shall 
receive  compensation  for  his  services  as  such  superintendent,  at  the 
rate  of  fifty  dollars  per  month. 

Sec.  3.  Duties  Of  the  city  clerk.  The  city  clerk  shall  receive 
all  applications  for  service  pipe,  and  all  applications  for  water 
service,  and  keep  a  list  of  the  applications  granted  by  the  superin¬ 
tendent  of  the  water  supply  system,  or  other  authorized  person  or 
persons,  which  list  shall  show  the  amount  of  water  rent  and  for 
what  purpose  or  use  it  is  paid. 

After  the  first  day  of  January,  April,  July  and  October  of  each 
year  the  city  clerk  shall  furnish  the  superintendent  of  the  water 
supply  system  with  a  list  of  the  consumers  of  city  water,  who  shall 
have  failed  to  pay  their  water  rents  due  on  said  day.  The  city 
clerk  shall  receive  all  moneys  paid  as  water  rents  and  charges,  and 
shall  on  the  Monday  oefore  each  regular  meeting  of  the  city  council, 
turn  over  all  such  moneys  to  the  city  treasurer  faking  his  receipt 
therefor. 

Sec.  4.  Compensation  of  the  city  clerk  for  services  to  water 
supply  department.  In  addition  to  the  fees  and  compensation 
now  provided  b}7  ordinance  for  the  city  clerk,  he  shall  hereafter 


OF  THE  CITY  OF  MT.  PULASKI. 


147 


receive  an  amount  equal  to  two  per  cent  of  all  the  water  rents  and 
charges  collected  by  him. 

Passed  the  5th  day  of  April  A.  D.  1897 

Approved  the  5th  day  of  April  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 


H.  B.  Capps,  City  Clerk. 


148 


REVISED  ORDINANCES 


CHAPTER  XXX. 

PUBLICATION  OF  ORDINANCE  AND  REPEAL. 

Section  1.  Publication  of  ordinance. 

“  2.  Repeal. 

Section  1.  Publication  of  ordinance.  Be  it  ordained  by  the 
city  council  of  the  city  of  Mt.  Pulaski :  That  the  rules  of  order 
of  the  city  council,  and  the  ordinances  of  the  city  of  Mt.  Pulaski, 
including  a  certain  ordinance  entitled  “An  Ordinance  in  Revision 
and  Consolidation  of  the  General  Ordinances  of  the  city  of  Mt. 
Pulaski,”  consisting  of  thirty  chapters  numbered  from  one  to  thirty 
both  inclusive,  passed  this  5th  day  of  April,  A.  D.  1897,  and  ap¬ 
proved  by  the  mayor  on  the  5th,  day  of  April,  A.  D.  1897,  are  here¬ 
by  ordered  printed  and  published  in  book  form  to  be  styled  the 
ordinances  of  the  city  of  Mt.  Pulaski. 

Sec.  2.  Repeal.  That  all  public  or  general  ordinances  or  parts 
thereof,  not  included  in  said  ordinance  entitled  “An  Ordinance  in 
Revision  and  Consolidation  of  the  General  Ordinances  of  the  city  of 
Mt.  Pulaski,”  are  hereby  repealed:  Provided,  However,  that  no 
tine,  forfeiture,  penalty,  right,  action,  suit,  debt  or  liability  what¬ 
soever  created,  instituted,  incurred  or  accrued  by  or  under  the  same 
shall  be  released,  discharged,  annulled  or  in  any  wise  affected;  but 
they  be  prosecuted,  recovered  or  enjoined  as  fully  and  in  the  same 
manner  in  all  respects  as  if  such  ordinance  or  part  thereof  had 
remained  in  full  force.  Provided,  Further,  that  this  ordinance 
shall  be  in  force  from  and  after  its  passage  and  approval. 

Passed  the  5th  day  of  April,  A.  D.  1897. 

Approved  the  5th  day  of  April  A.  D.  1897. 

John  W.  Mayer,  Mayor. 

Attest: 

H.  B.  Capps,  City  Clerk. 


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Im  seiid  ©ity, 


150 


REVISED  ORDINANCES 


AN  ORDINANCE 

PROVIDING  FOR  THE  CONSTRUCTION,  OPERATION  AND  MAINTENANCE  OF 
ELECTRIC  STREET  LIGHTS  UPON,  ALONG  AND  THROUGH  THE  STREETS, 
ALLEYS  AND  PUBLIC  PLACES  OF  THE  CITY  OF  MT.  PULASKI,  AND 
SUPPLYING  TO  SAID  CITY  ARC  AND  OTHER  ELECTRIC  LIGHT  FOR  THE 
LIGHTING  OF  ITS  STREETS  AND  OTHER  PUBLIC  PLACES,  BY  WEST  AND 
SON,  OF  SAID  CITY. 

Section  1.  Authority  to  maintain  poles  and  wire.  Be  it  or¬ 
dained  by  the  city  council  of  the  city  of  Mt.  Pulaski:  That  the 
firm  of  West  and  Son  of  the  city  of  Mt.  Pulaski,  Illinois,  a  co¬ 
partnership  existing  between  O.  S.  West  and  C.  E.  West,  be  and 
the  same  is  hereby  authorized,  subject  to  the  limitations  herein  or 
by  ordinance  heretofore  passed,  to  construct,  maintain  and  operate 
a  street  lighting  plant  in  the  city  of  Mt.  Pulaski,  Illinois,  to  supply 
the  said  city  with  suitable  and  sufficient  electric  light,  and  for  this 
purpose  may  enter  upon  any  street,  avenue,  lane  or  public  ground 
under  the  control  of  said  city,  for  the  purpose  of  setting  their  poles 
and  the  supports  thereof,  and  stretching  their  wires  and  supports 
for  such  lights  as  they  may  necessarily  and  properly  erect:  Pro¬ 
vided,  That  such  use  of  said  grounds  be  made  with  the  least  practi¬ 
cable  inconvenience  to  the  inhabitants  of  said  city. 

Sec.  2.  Equipment  of  plant  required.  That  said  electric  light 
plant  shall  be  placed  in  good  repair  and  free  from  all  serious  me¬ 
chanical  defects  on  or  before  January  1st,  1897,  and  shall  thereafter 
for  the  term  of  five  years  be  maintained  in  such  repair  and  condi¬ 
tion  as  to  be  capable  of  furnishing  sufficient  electric  lights  of  not 
less  than  two  thousand  (2000)  candle  power  each,  to  supply  said  city 
with  all  light  it  may  require  for  lighting  its  streets  and  public 
grounds,  in  addition  to  such  lights  of  this  description  or  of  any  kind 


OF  THE  CITY  OF  MT.  PULASKI. 


151 


whatsoever  that  the  party  or  parties  in  control  of  said  plant  may 
undertake  to  furnish  from  said  plant  to  the  said  city,  or  to  any  citi¬ 
zen  or  citizens  thereof,  or  to  any  other  person  or  persons  whomso¬ 
ever. 

The  electric  line  wire  shall  be  insulated  and  carried  on  or  near 
the  top  of  the  poles  twenty-five  feet  long,  set  five  feet  in  the  ground, 
and  the  lamps  hung  from  poles  of  sufficient  length  that  when  set  five 
feet  in  the  ground  the  lower  part  of  the  lamps  shall  not  be  less  than 
twenty  feet  from  the  ground.  All  street  lamps  shall  be  hung  as 
nearly  over  the  center  of  the  intersection  of  streets  as  possible,  ex¬ 
cept  when  the  city  authorities  may  require  them  to  be  otherwise 
hung;. 

All  arc  lamps  shall  be  provided  with  glass  globes  that  shall  at  all 
times  be  kept  clean;  and  said  arc  lamps  shall  in  all  particulars  be 
kept  in  good  order  and  condition ;  a  failure  on  the  part  of  West  & 
Son  to  keep  and  maintain  any  arc  lamps  in  good  working  order,  or 
to  keep  clean  any  glass  globes  for  said  lamps,  shall  forfeit  all  right 
to  compensation  or  rent  for  such  lamps  while  the  same  are  allowed 
to  remain  in  a  dirty  or  defective  condition. 

Sec.  3.  For  and  in  consideration  of  the  sum  of  two  thousand  and 
one  hundred  (2100)  dollars  per  year,  the.  said  West  and  Son  shall 
furnish  twenty-five  electric  arc  lights  of  not  less  than  two  thousand 
candle  power  each;  one-twelfth  of  said  sum  to  be  paid  said  West  and 
Son  at  the  first  regular  meeting  of  the  city  council  in  each  and  every 
month  during  the  term  of  this  ordinance. 

Said  arc  lights  to  be  placed  at  such  intersections  of  the  streets 
and  at  such  points  in  the  public  places  or  grounds  of  said  city  as 
the  city  council  may  by  resolution  direct. 

Provided,  Further,  that  said  West  &  Son  shall  be  liable  to  the 
city  and  to  all  persons  for  all  damages  that  may  be  sustained 
through  the  erection  of  said  lights  and  the  maintenance  of  said 
electric  light  system  during  the  term  of  this  contract. 

Provided,  Further,  that  if  at  any  time  during  the  five-year  term 
of  this  contract,  the  city  or  any  of  its  officers  shall  procure  a  test  to 
be  made  of  the  lights  furnished  hereunder  by  the  said  West  &  Son, 
and  such  test  shall  show  that  the  lights  furnished  do  not  comply 
with  the  requirements  herein  specified  for  such  lights,  then  and  in 
such  case  the  expense  of  such  test  shall  be  borne  by  West  &  Son; 
but  nothing  herein  shall  be  taken  to  deny  the  right  of  said  city  to 


152 


REVISED  ORDINANCES 


determine  said  contract  in  case  said  West  &  Son,  by  failure  to  keep 
and  observe  the  provisions  thereof,  give  justifiable  cause  for  such 
action. 

For  the  purpose  of  making  any  test  the  city  authorities  may  re¬ 
quire  to  be  made,  such  city  authorities,  their  agents  or  employes 
shall  be  authorized  to  take  such  means  as  may  be  necessary  or  de¬ 
sirable,  with  or  without  notice  to  West  &  Son,  to  make  such  tests; 
and  the  said  city  shall  only  be  liable  to  West  &  Son  for  the  damage 
actually  sustained  in  making  such  tests. 

Sec.  4.  The  street  lights  herein  provided  for  are  to  be  run  all 
night,  to-wit:  From  thirty  minutes  after  sunset  until  forty-five 
minutes  before  sunrise  on  all  nights  that  shall  be  dark  or  cloudy  or 
on  which  a  light  would  be  necessary  for  the  comfort,  convenience  or 
safety  of  the  inhabitants  of  said  city.  No  reference  is  hereby  made 
to  any  moon  schedules  as  set  forth  in  almanacs;  but  it  is  the  inten¬ 
tion  that  the  said  West  &  Son  shall  furnish  light  in  all  the  lights 
herein  provided  for  whenever  between  the  hours  of  thirty  minutes 
after  sunset  and  forty-five  minutes  before  sunrise  on  each  and  every 
night  during  the  term  of  this  ordinance  that  shall  be  dark  or  cloudy 
or  on  which  a  light  would  be  necessary  for  the  comfort,  convenience 
or  safety  of  the  inhabitants  of  said  city. 

Sec.  5.  The  furnishing  of  lights  herein  provided  for  and  the 
rental  of  the  same  under  this  contract  shall  begin  on  the  first  day 
of  January,  A.  D.  1897,  and  continue  during  the  term  of  five  years 
after  said  date:  Provided,  However,  if  at  any  time  after  January 
1st,  1897,  and  before  the  expiration  of  five  years  thereafter  there 
shall  be  a  suspension  of  the  light  supply  herein  contracted  and 
agreed  to  be  furnished  by  the  said  West  &  Son,  for  ten  days  at  any 
one  time,  then  all  franchise  and  license  herein  provided  for  shall 
terminate  and  become  void,  and  all  rights  to  rental  shall  cease; 
unless  such  suspension  be  caused  by  breakage  of  machinery,  or  on 
Recount  of  storms.  In  the  event  of  such  failure  by  West  &  Son, 
upon  notice  by  the  mayor  of  said  city  or  by  resolution  of  the  city 
council  all  right  to  further  rental  under  the  provisions  of  this  ordi¬ 
nance  shall  cease,  and  the  contract  between  the  said  city  of  Mt. 
Pulaski  and  West  &  Son,  shall  be  at  an  end. 

Provided,  Further,  that  no  compensation  shail  be  claimed  by 
West  &  Son  or  paid  by  the  city  for  light  when  for  any  cause  the 
said  West  &  Son  shall  be  unable  or  fail  to  furnish  the  light  herein 


OF  THE  CITY  OF  MT.  PULASKI. 


153 


provided  for.  In  the  event  of  a  failure  of  a  part  of  the  lights  only, 
or  any  suspension  of  light  supply  of  one  or  more  lights,  there  shall 
be  deducted  from  the  rent  otherwise  due  the  sum  of  twenty-five 
cents  per  night  per  light  for  each  light  not  lit  when  under  the  pro¬ 
visions  of  this  ordinance  it  should  be  lighted. 

Sec.  6.  If  the  said  city  shall  at  any  time  elect  to  have  more  arc 
lights,  of  two  thousand  candle  power  each,  installed  in  said  city,  they 
shall  be  placed  in  position  by  the  said  West  &  Son,  at  their  own 
expense,  at  such  points  as  the  city  council  may  designate,  at  an  an¬ 
nual  rental  of  eighty-four  (84)  dollars  per  lamp,  payable  in  the 
same  manner  as  is  hereinbefore  provided;  and  said  additional  lights 
shall  be  required  to  perform  the  same  service  and  to  be  in  all  par¬ 
ticulars  governed  by  the  same  regulations  as  those  hereinbefore 
provided  for. 

Sec.  7.  The  city  council  of  said  city  may  require  the  said  West 
&  Son  to  furnish  in  said  city  such  incandescent  lights  of  thirty-two 
candle  power  as  they  may  desire;  said  incandescent  lights  to  oe 
placed  in  operation  by  said  West  &  Son  at  their  own  expense  and  at 
such  points  as  the  city  council  may  designate  for  such  incandescent 
lights.  An  annual  rental  of  eighteen  (18)  dollars  each  per  light 
shall  be  paid  by  said  city.  Said  incandescent  lights  to  be  main¬ 
tained  and  operated  under  the  same  regulations  and  for  the  same 
time  as  the  arc  lights  herein  provided  for. 

Sec.  8.  The  city  council  may  at  any  time  require  the  said  West 
&  Son  to  change  the  location  of  any  lights  furnished  under  this  or¬ 
dinance;  said  change  to  be  made  within  thirty  days  after  notice  in 
in  writing.  West  &  Son  shall  be  allowed  by  said  city  the  actual 
costs  incurred  in  making  such  change. 

Sec.  9.  This  ordinance  shall  have  no  effect  whatever  until  said 
West  &  Son  file  with  the  city  clerk  a  written  acceptance  by  them  of 
its  terms  and  conditions.  Provided,  That  such  acceptance  shall  be 
filed  with  the  said  clerk  within  twenty  days  after  the  the  passage  of 
this  ordinance.  No  transfer  or  sale  by  West  &  Son  of  any  interest 
they  may  have  in  the  electric  light  plant  or  in  any  franchise  or 
right  they  have  to  keep  and  maintain  within  the  city  any  electric 
lighting,  heating  and  power  plant,  shall  give  to  their  assignee  any 
rights  under  this  ordinance,  or  entitle  such  assignee  to  any  com¬ 
pensation  contracted  to  be  paid  to  West  &  Son  for  services  rendered 


154 


REVISED  ORDINANCES 


hereunder,  until  by  resolution  of  the  city  council,  passed  by  the 
affirmative  vote  of  a  majority  of  the  aldermen  elected,  the  consent 
of  said  city  shall  be  given  to  such  transfer,  and  that  such  assignee 
of  West  &  Son  may  be  substituted  for  West  &  Son  in  the  contract 
made  by  this  ordinance. 

Sec.  10.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage,  approval  and  acceptance  as  hereinbefore  provided, 
and  its  due  publication. 

Passed  this  24th  day  of  November,  A.  D.  1896. 

Approved  this  25th  day  of  November,  A.  D.  1896. 

John  W.  Mayer,  Mayor. 

Attest: 


H.  B.  Capps,  City  Clerk. 


OF  THE  CITY  OF  MT.  PULASKI. 


155 


AN  ORDINANCE 

AUTHORIZING  THE  CONSTRUCTION  AND  REGULATING  THE  MAINTENANCE 
OF  ELECTRIC  LIGHTING  AND  HEATING  PLANTS  IN  THE  VILLAGE  OF 
MT.  PULASKI. 

Section  1.  Be  it  ordained  by  the  president  and  board  of  trus¬ 
tees  Of  the  Village  Of  Alt-  Pulaski:  That  I.  H.  Snyder  of  said 
village  his  heirs  and  assigns  shall  be  authorized  to  construct  and 
maintain  electric  lighting,  heating  and  power  plants  within  the 
corporate  limits  of  the  village  of  Mt.  Pulaski  for  the  term  of  twenty 
years  from  and  after  the  passage  of  this  ordinance  in  conformity 
with  the  provisions  hereinafter  set  out.  (As  amended  November 
22d,  1892.) 

Sec.  2.  That  I.  H.  Snyder,  his  heirs  or  assigns  be  and  hereby 
are  authorized  to  use  the  streets,  lanes,  alleys  and  other  public 
grounds  of  said  village  for  the  purpose  of  erecting,  placing  and 
maintaining  in  position  the  necessary  poles  and  wire  to  supply 
electric  lights  for  the  use  of  said  village,  and  the  inhabitants 
thereof:  Provided,  That  said  poles  and  wire  shall  not  be  so  placed 
as  to  interfere  with  the  travel  or  public  use  of  said  streets,  lanes, 
alleys  or  public  places,  and  Provided,  Further,  that  such  use  of 
said  streets,  lanes  and  public  places  shall  not  interfere  with  the 
proper  drainage  by  open  ditches,  under  ground  sewers  cr  tile,  or 
other  underground  fixtures  for  the  conveyance  of  water:  Provided, 
Also,  that  neither  the  said  village  nor  the  inhabitants  thereof, 
shall  be  liable  for  the  necessary  disturbance  of  said  poles  and  wire 
in  the  construction  of  any  other  proper  work  of  improvement 
therein,  for  the  drainage  of  the  public  streets,  lanes,  alleys  or  other 
public  grounds  or  in  construction  of  any  other  public  or  private 
work. 


156 


REVISED  ORDINANCES 


Sec.  3.  The  president  and  board  of  trustees  shall  have  the 
supervision  of  the  erection  and  construction  of  any  electric  lighting, 
heating  or  power  plant  sought  to  be  constructed  under  the  authority 
hereby  granted,  which  supervision  may  be  exercised  as  follows: 
Any  person  affected  by  the  construction  of  any  plant  contemplated 
by  this  ordinance  may  file  with  the  village  clerk  his  objection  to  the 
manner  in  which  said  plant  has  been  or  is  about  to  be  constructed, 
and  the  president  and  board  of  trustees  shall  hear  the  respective 
parties  and  decide  whether  the  objection  shall  be  sustained;  which 
determination  by  the  president  and  board  of  trustees  shall  be  final. 

Sec.  4.  No  person  or  persons,  companies,  corporations  or  asso¬ 
ciations  shall  do  any  injury  to  any  street,  avenue,  alley  or  public 
ground  nor  to  any  shade  tree,  nor  in  any  manner  disturb  or  inter¬ 
fere  with  any  water  or  gas  pipe,  gate,  valve  or  regulator,  nor  with 
any  public  or  private  sewer,  now  or  hereinafter  laid  or  constructed 
by  any  authorized  person  or  corporation,  and  shall  fully  indemnify 
and  save  harmless  the  village  of  Mt.  Pulaski,  from  any  claims  or 
damages  for  which  the  said  village  might  be  made  or  become  liable 
to  pay,  by  reason  of  the  construction,  operation  and  maintenance 
of  said  electric  lighting,  heating  and  power  plant,  or  the  giving  or 
allowing  of  the  license  rights  and  privileges  hereby  granted.  (As 
amended  November  22d,  1892.) 

Sec.  5.  That  no  poles,  wire  or  other  appliances  of  the  said  I.  H. 
Snyder,  his  heirs  or  assigns  shall  be  by  them  so  placed  as  to  inter¬ 
fere  with  the  proper  use  of  either  public  or  private  property. 

Sec.  6.  The  privileges  hereby  granted  are  upon  consideration 
that  the  said  I.  H.  Snyder,  his  heirs  or  assigns  shall  within  six 
months  from  the  passage  of  this  ordinance  begin  the  erection  of 
suitable  appliances  for  supplying  the  said  village  and  the  inhabi¬ 
tants  thereof,  with  electric  lights.  And  upon  the  further  consider¬ 
ation,  that  within  one  year  from  the  passage  of  this  ordinance  the 
said  I.  H.  Snyder,  his  heirs  and  assigns  shall  be  in  readiness  to 
furnish  electric  lights  for  the  village  and  the  inhabitants  thereof. 

Provided,  Further,  that  the  light  furnished  the  citizens  of  said 
village  shall  be  at  a  uniform  rate  and, 

Provided,  Further,  that  nothing  herein  shall  be  construed  to 
grant  any  exclusive  right  or  privilege. 

That  if  any  person  or  persons  shall  unlawfully  or 


Sec.  7. 


OF  THE  CITY  OF  MT.  PULASKI. 


157 


maliciously  injure,  remove  or  destroy  any  electric  light  fixture  or 
appliance  in  any  street,  lane,  alley  or  other  public  ground,  every 
such  person  so  offending  shall  on  conviction  thereof,  be  fined  in  any 
sum  not  exceeding  fifty  (50)  dollars  to  be  recovered  as  other  fines 
and  penalties  may  be  under  the  general  ordinances  that  now  are  or 
hereafter  may  be  in  force  in  the  said  village. 

Sec.  8.  In  the  event  that  the  said  I.  H.  Snyder,  his  heirs  or 
assigns  fail  to  comply  with  the  provisions  of  this  ordinance,  or  in 
the  event  that  for  the  length  of  thirty  days  the  said  I.  H.  Snyder, 
his  heirs  or  assigns  should  fail  to  supply  electric  light,  unless 
excused  from  so  doing  by  loss  from  fire  or  other  serious  accident,  or 
some  cause  unforseen,  the  president  and  board  of  trustees  may  at 
their  election  repeal  this  ordinance  at  any  time  hereafter. 

Sec.  9.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  legal  publication. 

Approved  this  24th  day  of  March,  1891. 

A.  O.  Vonderlietii,  President. 

Attest: 

\ 

P.  L.  Tomlinson,  Clerk  pro  tern. 


158 


REVISED  ORDINANCES 


RULES  AND  ORDER  OF  BUSINESS. 

OF  THE  CITY  COUNCIL  OF  THE  CITY  OF  MT.  PULASKI. 

Be  it  resolved  by  the  city  council  of  the  city  of  Alt.  Pulaski: 

That  the  regular  meeting  of  the  city  council  of  said  city  for  the 
transaction  of  city  business  shall  be  held  on  the  fourth  Tuesday  of 
each  month,  and  that  the  business  of  said  city  council  shall  be 
governed  by  the  following  rules,  to-wit: 

1st.  The  mayor  shall  take  the  chair  at  the  hour  appointed  for 
the  council  to  meet  and  immediately  call  the  council  to  order;  he 
shall  order  the  roll  to  be  called  in  alphabetical  order,  and,  at  the 
instance  of  any  two  members  present,  compel  the  attendance  of 
absent  members. 

2d.  A  majority  of  the  members  elect  shall  constitute  a  quorum 
for  the  transaction  of  business. 

3d.  Order  of  business. 

a  The  reading  of  the  minutes  of  the  preceeding  meeting 
unless  dispensed  with;  which  said  minutes  shall  stand 
approved,  unless  objected  to. 

I )  Presentation  of  petitions  (which  shall  always  be  in  writ¬ 
ing)  claims  and  reports  of  officers. 

C  Reports  of  standing  committees. 
d  Reports  of  special  committees. 
e  Communications  to  the  council. 

/  Unfinished  business  of  the  preceding  meeting. 
g  New  business. 

4th.  All  questions  as  to  the  priority  of  business  shall  be  decided 
without  debate. 


5th.  All  petitions,  claims,  communications  or  bonds  must  be 


OF  THE  CITY  OF  MT.  PULASKI. 


159 


tiled  with  the  clerk  previous  to  the  calling  of  the  meeting  to  order 
by  the  mayor. 

6th.  The  mayor  shall  preserve  order  and  decorum,  and  shall 
decide  all  questions  of  order,  subject  to  an  appeal  to  the  council. 

7th.  While  a  question  is  being  put  no  member  shall  walk  across 
or  out  of  the  council  room. 

8th.  When  two  or  more  members  address  the  mayor  he  shall 
decide  who  is  first  to  speak. 

9th.  Every  member,  previous  to  his  speaking,  shall  rise  and 
address  “Mr.  Mayor,”  but  shall  not  proceed  until  recognized  and 
named  by  the  mayor. 

10th.  No  member  shall  speak  more  than  twice  upon  the  previous 
question,  unless  by  consent  of  the  council,  nor  more  than  once  in 
any  case  until  every  member  choosing  to  speak  shall  have  spoken. 

11th.  While  a  member  is  speaking  no  member  shall  entertain 
any  private  discourse  or  pass  between  him  and  the  mayor. 

12th.  No  personalities  or  reflections  injurious  to  the  feelings  of 
any  member  or  the  harmony  of  the  council  shall  be  tolerated,  and 
every  person  indulging  in  such  personalities  shall  be  called  to  order 
by  the  mayor. 

13tb.  A  member  called  to  order  shall  immediately  sit  down, 
unless  permitted  by  the  council  to  explain.  If  he  appeals,  the  coun¬ 
cil  shall  decide  without  debate.  If  no  appeal  is  taken  the  decision 
of  the  mayor  shall  be  conclusive. 

14th.  When  a  question  is  stated  every  member  present  shall 
vote  unless  excused  by  the  council  or  unless  directly  interested  in 
the  question,  in  which  latter  case  he  shall  not  vote. 

15th.  No  motion  shall  be  entertained  unless  seconded.  When 
seconded  it  shall  be  stated  by  the  mayor,  and,  if  any  member 
requires  it,  reduced  to  writing. 

16th.  When  a  motion  or  resolution  has  been  stated  by  the 
mayor,  it  shall  be  deemed  in  the  possession  of  the  council,  but  may 
be  withdrawn  at  any  time  before  a  decision  or  amendment. 

17th.  When  a  question  is  under  debate  no  motion  shall  be 
received  unless  for  the  previous  question,  to  postpone  indefinitely, 


160 


REVISED  ORDINANCES 


to  adjourn  to  a  certain  day,  to  lay  on  the  table,  to  amend,  or  to  ad¬ 
journ  the  council. 

18th.  A  motion  for  the  previous  question,  to  lay  the  question  on 
the  table  or  to  commit  it,  until  decided,  shall  preclude  all  amend¬ 
ments  or  debate  of  the  main  question  and  a  motion  to  postpone  a 
question  indefinitely  or  to  adjourn  it  to  a  certain  day,  shall  until 
it  is  decided  preclude  all  amendments  to  the  main  question. 

19th.  The  previous  question  shall  be  put  as  follows:  Shall  the 
main  question  be  now  put? 

20th.  A  motion  to  adjourn  shall  always  be  in  order  and  be  de¬ 
cided  without  debate. 

# 

21st.  In  all  cases  the  name  of  a  member  offering  a  resolution  or 
motion  shall  be  entered  with  it  upon  the  journal. 

22d.  The  yeas  and  nays  shall  be  taken  upon  the  passage  of 
every  ordinance  and  entered  on  the  journal,  and  if  any  member  re¬ 
quire  it,  upon  any  question  before  the  council.  But  shall  not  be 
taken  unless  called  for  previous  to  the  taking  of  the  vote. 

23d.  No  ordinance  shall  be  repealed  or  passed,  or  contract  or 
appropriation  of  money  made  unless  by  the  vote  of  a  majority  of  the 
members  elected. 

24th.  All  committees  shall  be  appointed  by  the  mayor  unless 
otherwise  directed  by  the  council,  in  which  case  they  shall  be  ap¬ 
pointed  by  bailor. 

25th.  Committees  to  whom  any  subject  may  be  referred,  shall 
report  in  writing  addressed  to  the  city  council  of  the  city  of  Mt. 
Pulaski. 

26th.  The  city  clerk  shall  forward  all  papers  to  the  appropriate 
committees  as  early  as  the  next  day  after  the  reference  shall  be 
made. 

27th.  Special  meetings  may  be  called  and  held  by  the  mayor  or 
any  two  members  of  the  council  by  notification  to  each  member 
thereof  served  personally  or  left  at  his  usual  place  of  abode,  stating 
the  object  and  purpose  of  such  meeting,  and  no  business  shall  be 
transacted  at  such  special  meeting  except  such  as  the  meeting  was 
called  for,  and  notification  was  given  thereof;  and  adjourned  meet¬ 
ings  may  be  held  for  the  purpose  of  completing  unfinished  business 


OF  THE  CITY  OF  MT.  PULASKI. 


161 


of  the  regular  meetings  at  such  time  as  may  be  appointed  by  the 
city  council. 

28th.  The  city  marshal  shall  attend  all  meetings  of  the  council 
and  execute  all  their  orders,  and  shall  keep  the  council  room  in 
order  and  prepare  the  same  for  the  meetings  of  the  council,  ex¬ 
tinguish  the  lights  and  fires  and  close  the  same  upon  adjournment. 
He  shall,  when  required  by  the  mayor  or  any  two  members  of  the 
council  deliver  notices  of  special  meetings  to  each  member  of  the 
council  or  leave  same  at  his  place  of  residence. 

29th.  It  shall  be  necessary  for  the  adoption  of  any  ordinance 
that  such  ordinance  shall  be  read  the  first  and  second  time  by  its 
title  and  the  third  reading  shall  be  in  full. 

Adopted  April  5th,  1897. 

John  W.  Mayer,  Mayor. 


H.  B.  Capps,  City  Clerk. 


■j «  F  ■ 


INDEX. 

ActiOtLS.  PAGE  SECTION 

City  attorney  to  file  statement  before  suit.  ...  44  2. 

Statement  unnecessary  when  arrested  without 
warrant  .  46  6 

Additions. 

Streets  and  alleys  to  conform  to  established 

streets  and  alleys .  2  2 

Streets  to  correspond  with  established  streets  2  2 

Plat  to  be  submitted  to  city  council .  2  3 

See  Chapter  I . . .  2 

Amusements. 

How  classified .  5  1 

License  required .  6  2 

License  fees .  6  & 

Mayor  to  decide  class  and  fee .  6  4 

License  subject  to  ordinances .  7  5 

Proprietor  to  obtain  "license  when .  7  7 

No  indecent  play  or  exhibition  permitted ....  7  9- 

Disorderly  conduct  forbidden  at  place  of  ... .  8  10 

Disorderly  conduct  of  manager  or  employe — 

license  revoked .  8  10 

No  procession  in  the  street  without  permit. .  8  11 

License  required  for  shooting  gallery .  8  12. 

See  Chapter  II .  5 

Animals. 

Not  to  run  at  large .  10  1 

To  be  impounded  when .  10  2 


i 


INDEX. 


PAGE 


Unknown  owners  of  animals  impounded  how 

notified .  12 

Trial  in  case  of  animal  impounded  .  12 

Sale  of  animal  impounded  how  made  .  12 

Paying  money  to  magistrate,  redemption  by 

owner,  . 12 

Owner  not  to  release  from  pound .  13 

See  Chapter  III . 10 


Auctioneers. 

No  sale  of  goods  at  auction  without  license. .  15 


Pee  for  auctioneer’s  license .  15 

Auctioneer’s  license  not  transferable .  15 

Auctioneer’s  license  revoked  when .  16 

When  auction  may  be  on  street .  16 

Deception  by  auctioneer  forbidden .  16 

Penalties  for  violation  of  auctioneer  ordinance  16 
See  Chapter  IV .  15 


Billiard  Tables. 

License  required  to  keep  billiard  table,  etc. .  18 


Amount  of  license  fee  for  billiard  table .  18 

Billiard  rooms  to  be  kept  closed  when .  18 

Minor  not  to  frequent  except .  18 

See  Chapter  V .  18 

Bill  Posting. 

Required  to  take  out  license .  20 

Bill  board  when  a  nuisance .  20 

License  fee .  21 

See  Chapter  VI . 20 

Boundary. 

See  Chapter  VII .  22 

Cemeteries. 

Plat  of  adopted .  24 


SECTION 


5 

7 

8 

9 

10 


1 

2 

3 

5 

6 

7 

8 


1 

2 

3 

4 


1 

2 

3 


u 


INDEX. 


PAGE  SECTION 

Sexton  for  appointed .  24  2 

City  clerk  to  have  custody  of  plat,  etc .  24  3 

Price  of  lots .  25  4 

Burial  permits  required .  25  5 

Sexton  required  to  dig  graves .  25  6 

Unlawful  to  trespass  upon  lots .  26  7 

See  Chapter  VIII .  24 

City  Clerk. 

To  have  custody  of  cemetery  plat  and  keep 

cemetery  record .  24  3 

To  make  sale  of  cemetery  lots .  35  4 

To  keep  record  of  burial  permits,  fee  for  re¬ 
cording  permits  .  25  4 

Required  to  keep  register  of  dog  license .  30  2 

To  provide  metal  badges  for  dogs .  31  3 

To  give  notice  to  persons  elected .  41  19 

To  be  clerk  of  Board  of  Health .  64  3 

To  keep  register  of  license .  73  6 

Fee  of,  for  issuing  license .  73  6 

To  issue  commission  of  officers  elected  or  ap¬ 
pointed  . 107  5 

Duty  of .  Ill  20^ 

Fees  and  salary  of  .  112  20^ 

To  issue  warrant  for  special  assessment  to  col¬ 
lector . ~ .  125  6 

Duties  of,  with  water  supply  department  ....  146  3 

Compensation  of,  for  services  to  water  supply 
department  .  146  4 

City  Collector. 

To  be  appointed  by  mayor. . . 27  1 

To  give  bond . .  .  27  2 

To  preserve  papers  and  keep  accounts .  28  4 

Monthly  and  annual  statements  to  be  made 

to  city  clerk  .  28  6 


in 


INDEX. 


PAGE  SECTION 

Report  delinquent  list  to  county  treasurer  ...  28  7 

Compensation  of .  29  8 

To  collect  special  sidewalk  tax .  125  6 

To  make  report  to  county  treasurer .  125  7 

See  Chapter  IX  .  27 

City  Treasurer. 

To  keep  insurance  license  fees  in  separate  fund  70  19 

To  keep  receipts  from  sale  of  cemetery  lots  in 

separate  fund .  25  4 

Duties  of .  109  14-18 

Special  assessment  funds  kept  separate  by  .  .  .  14  20 

City  Marshal. 

Impounding  officer .  10  2 

Care  of  animals  impounded,  fees .  ]1  3 

To  make  complaint  as  pound  master .  11  4 

To  post  notice  of  animals  impounded .  1  %,  6 

To  suppress  dog  fights,  etc .  30  1 

Required  to  kill  unlicensed  dogs . .  31  5 

To  take  charge  of  person  convicted  of  violating 

ordinance .  48  12-14 

Amount  allowed  for  feeding  prisoner .  49  14 

Inspecting  officer  for  fire  limits .  58  14-22 

To  execute  order  of  board  of  health  .  64  6 

To  enforce  ordinance  relating  to  license .  74  8 

Powers  and  duty  of .  114  25-26 

Fees  and  salary  of .  114  27 

City  Attorney. 

To  file  statement  when .  44  2 

When  not  to  bring  suit  .  47  8 

City  attorney  required  to  prepare  bond .  106  4 

Duties  of . .  .  108  12 

Fees  and  salary .  109  13 


IV 


INDEX. 


PAGE  SECTION 

Dogs. 

Unlawful  to  cause  to  fight .  30  1 

License  fee  required  for .  30  2 

Metal  badges  to  be  furnished  owner .  31  3 

Badges  to  be  put  on  dogs .  31  4 

Dogs  without  badges  to  be  killed .  31  5 

Owners  of  unlicensed  dogs  to  be  fined .  31  6 

Dangerous  dogs  not  to  run  at  large .  31  7 

To  be  muzzled  when .  32  9 

See  Chapter  X . .  30 

Dram-Shops. 

To  be  closed  on  election  day .  41  22 

See  Chapter  XX .  75 

Druggists. 

May  sell  liquor,  for  what  purpose .  33  1 

Beer  to  be  sold  when . 33  3 

Required  to  have  permit .  34  4 

Permit  may  be  revoked  when  .  34  5 

Penalty  for  violating  ordinance .  34  6 

See  Chapter  XI .  33 

Elections. 

Time  for  general  election .  35  1 

Clerk  to  giye  notice  of . 36  2 

Special  election  when  held  .  36  3 

Clerk  and  judges  of,  how  appointed .  36  4 

Compensation  of  judges  and  clerks  of .  36  5 

Vacancies  how  filled  .  36  6-7 

Oath  of  office  of  officers  of .  37  7 

Ballot  boxes,  booths,  etc .  37  8 

Ballots,  poll  books  and  blanks  for .  37  9 

Time  of  opening  and  closing  polls .  38  10 

Proclamation  of  opening  and  closing  of .  38  27 

Exhibition  of  ballot  box .  38  12 


v 


INDEX. 


PAGE  SECTION 


General  election  law  to  govern .  38  13 

Canvassing  votes  and  making  returns .  38  14 

Disposition  of  ballots .  39  15 

Penalty  for  failing  to  make  returns  of .  40  16 

City  council  to  canvass  returns  of .  40  17 

Tie  votes  how  decided  .  40  18 

Notice  to  persons  elected .  41  19 

Failure  to  elect,  new  election  called .  41  20 

Order  to  be  preserved  at  place  of .  41  21 

Dram-shop  to  be  closed  on  day  of . 41  22 

Contesting  election  of  aldermen .  41  23 

Notice  of  contest  by  aldermen .  41  24 

Testimony  of,  how  taken  .  42  25 

Time  for  filing  proof  with  clerk .  42  26 

Hearing  contest  by  council .  42  27 

When  ballots  may  be  opened  and  counted  ....  43  28 

See  Chapter  XII .  35 

Fire  Department. 

Confirmation  of  chief  of .  50  1 

Duties  of  chief  of . 50  2 

By-standers  subject  to  the  order  of  chief  of  .  .  51  3 

Liability  for  breaking  apparatus  of .  51  4 

Driving  over  hose  forbidden .  51  5 

Throwing  water  on  persons  forbidden,  when  51  6 

Obstructing  street  at  fire,  forbidden .  52  7 

Annual  appropriation  for .  52  8 

See  Chapter  XIV .  50 

Fire  Limits. 

Boundary  of  fire  limits  . .  . .  53  1 

Character  of  buildings  in  fire  limits .  54  2-5 

Wooden  buildings  a  nuisance .  55  6 

Damaged  buildings  to  be  removed  from .  56  7 

Condemnation  of  building  in .  56  8 

No  lumber  yards  in .  57  10 


vi 


INDEX. 


PAGE  SECTION 

Lumber  in,  how  kept .  57  11-12 

Ashes  and  garbage  in,  how  disposed  of .  58  13 

City  marshal  to  inspect .  58  14 

Building  permits  required .  58  15 

Plans  and  specifications  filed  with  city  clerk. .  58  16 

Bond  to  be  given .  59  17 

Chimneys  in,  how  constructed .  59  19 

Stoves  and  stovepipes,  how  set  up .  60  20-21 

Marshal  to  inspect  buildings  in .  61  22 

No  combustible  roof  permitted  in .  61  24 

Wooden  building  defined .  61  25 

Stacking  of  hay,  etc.,  in  prohibited .  62  26 

Use  of  candles  and  lamps  regulated  in .  62  27 

See  Chapter  XV . . .  53 

Forms. 

Of  notice  against  unknown  owners  of  animals 

impounded .  12  5 

Of  statement  of  offense .  44  2 

Of  warrant  for  violation  of  ordinance .  45  4 

Of  execution  for  fine .  48  11 

Of  annual  appropriation  ordinance .  71  1 

Of  license .  74  7 

Of  oath  of  office .  106  2 

Health  Department. 

Board  of  Health  created  .  63  1 

Appointment  of  three  commissioners  by  mayor  63  2 

President  and  Clerk  of  Board .  64  3 

Meetings  of  Board .  64  4 

General  duties  of .  64  5 

Order  of  how  made .  64  6 

May  establish  temporary  hospital .  65  8 

May  order  vaccination  when .  65  9 

Authority  of,  in  case  of  contagious  diseases  . .  65  10 

Duty  of  physician  to  report  to .  66  11 

vii 


INDEX. 


PAGE  SECTION 

To  cause  notice  of,  in  case  of  contagious  dis¬ 
ease  .  66  12 

May  destroy  infected  clothing,  etc .  67  16 

Expense  of,  how  paid .  67  17 

See  Chapter  XVI .  63 

Insurance  Companies. 

Foreign  to  be  licensed .  68  1 

Agents  of,  to  report  to  city  clerk .  68  2 

Agents  to  pay  license .  69  3 

Foreign  failing  to  report  or  pay  license  not  to 

transact  business .  69  4 

Disposition  of  license  fee .  70  6 

See  Chapter  XVII .  68 

License. 

Fees  for  amusements . 6  3 

Mayor  to  decide  amounts  when  .  6  4 

License  subject  to  ordinances .  7  5 

No  liquor  sold  at  place  of  amusement .  7  6 

Not  to  authorize  indecent  play  or  exhibition  7  9 

To  conduct  shooting  gallery .  8  13 

Application  for,  to  whom  made .  72  1 

Application  for,  how  made .  72  2 

What  necessary  to  validity  of .  73  3 

To  be  subject  to  ordinances .  73  4 

Not  assignable  without  consent .  73  5 

Register  to  be  kept  .  73  6 

Liquors  and  Liquor  Dealers. 

No  liquor  sold  at  place  of .  7  6 

Not  to  sell  without  license .  75  1 

License  fee  and  bonds  required .  76  2 

Revocations  of  license  when .  77  3 

Not  to  sell  to  minor  without  permit .  77  4 

False  representation  by  minor .  77  5 

Not  to  employ  minor  without  permit .  77  6 


vm 


INDEX. 


PAGE  SECTION 

Not  to  sell  liquor  to  habitual  drunkard,  etc  78  8 

Hours  of  closing,  etc . 78  9 

Not  to  keep  open  on  Sunday .  78  10 

Not  to  keep  open  on  election  day .  78  11 

Required  to  keep  order  in .  79  12 

Requirements  of  location  of .  79  13 

Use  of  dumb-waiters,  etc.,  forbidden  in .  79  14 

License  when  revoked .  80  15 

Dram-shop  may  be  closed  by  mayor  when  ....  80  16 

Penalties  not  evaded  by  shift  or  device .  80  17 

License  for,  not  assignable .  80  18 

License  for  wholesale  liquor  dealers  required  .  80  19 

Sale  of,  when  a  nuisance .  81  21 

See  Chapter  XX .  75 

Mayor. 

By  proclamation  to  require  dogs  to  be  muzzled  32  9 

To  be  president  of  board  of  health .  64  3 

To  issue  certificate  of  election  to  city  clerk  ...  107  5 

Appointment  by,  of  temporary  officer .  108  9 

Misdemeanors. 

Persons  not  to  obstruct  hall-ways,  etc .  7  8 

Target  shooting  in  uninclosed  place .  8.  14 

Not  to  open  pound  or  resist  officer .  13  10 

Not  wilfully  to  cause  animal  to  be  impounded.  13  11 

Not  to  leave  animal  hitched,  etc .  13  12 

Fraudulent  conduct  by  auctioneer  forbidden  16  8 

Not  to  suffer  minor  in  billiard  room  without 

consent .  19  4 

Disorderly  conduct  at  place  of  election  forbid¬ 
den  .  41  21 

Not  to  neglect  board  of  health  order .  64  7 

Failing  to  report  contagious  disease .  66  11 

For  causing  danger  of  contagious  disease  ....  66  14 


IX 


INDEX. 


PAGE  SECTION 

Not  to  bring  into  city  person  or  clothing  in¬ 
fected  with  contagious  disease .  .  66  15 

For  selling  liquor  without  license .  75  1 

For  selling  intoxicating  liquor  to  minor  with¬ 
out  permit .  77  4 

Minor  not  to  make  false  representation  to 

dram-shop  keeper .  77  5 

Not  to  procure  liquor  for  minor .  78  7 

See  Chapter  XXI .  82 

Nuisances. 

Bill  board  when  a .  20  2 

Board  of  Health  to  order  abatement  of .  64  7 

See  Chapter  XXII .  97 

Officers. 

Appointment  and  duties  of  sexton .  24  2 

Fee  of  sexton .  25  6 

Sexton  to  give  bond .  26  8 

Officers  annually  appointed  by  mayor .  106  1 

Required  to  take  oath  of  office .  106  2 

Required  to  give  bond  except .  106  3 

Qualification  of  sureties .  106  4 

Commissions  to  be  issued  to .  107  5 

To  deliver  papers  and  property  to  successor  in 

office .  107  5-33 

To  pay  money  collected  into  city  treasury. ...  107  6 

Salaries  of,  when  payable .  107  7 

Records  of  subject  to  inspection .  108  8 

Duties  of,  how  performed  in  absence  of .  108  9 

Office  vacated  by  removal  from  city .  108  10 

Liability  of  for  damage .  108  11 

Duties  of  city  attorney  .  108  12 

Fees  and  salary  of  city  attorney .  109  13 

Duties  of  city  treasurer . . .  109  14 

City  treasurer  to  render  monthly  account. ...  110  16 


x 


INDEX. 


PAGE  SECTION 

City  treasurer  to  keep  money  separate .  110  17 

Annual  account .  Ill  18 

Warrants  how  drawn .  Ill  19 

Money  from  special  assessment  how  used. .  . .  Ill  20 

Duty  of  city  clerk .  Ill  20-£ 

Fees  and  salary  of  city  clerk .  112  20— ^ 

Duties  of  street  commissioner .  112  21-24 

Power  and  duty  of  city  marshal .  114  25-26 

Fees  and  salary  of  city  marshal .  114  27 

Powers  and  duties  of  police  magistrate .  115  28 

City  magistrate  to  make  monthly  and  annual 

report .  115  29 

Fees  and  salary  of  police  magistrate .  116  30 

Powers  and  duty  of  night  watchman .  116  31 

Fees  and  salary  of  night  watchman .  116  32 

Contracts  by,  how  made .  117  34 

Salary  of  mayor  and  aldermen .  117  35 

No  officer  to  be  interested  in  contracts .  117  36 

Superintendent  of  water  supply  system  ap¬ 
pointed  .  145  1 

Compensation  of  Superintendent .  146  2 

City  clerk  to  keep  list  of  water  consumers. .  . .  146  3 

Compensation  of  city  clerk  for  services  to  wat¬ 
er  supply  department .  146  4 

See  Chapter  XXIII .  105 

Peddlers. 

Required  to  take  out  license .  118  1 

Canvassers,  etc.,  required  to  take  out  license  .  118  2 

Fraud  or  imposition  by .  118  3 

Not  to  enter  house  without  permission .  119  4 

See  Chapter  XXIV .  118 

Penalties. 

For  recording  plat  not  approved  by  city  coun¬ 
cil  . 3  4 


xi 


INDEX. 


PAGE  SECTION 

For  selling  lots  in  plats  not  approved .  3  5 

For  selling  liquor  at  place  of  amusement .  7  6 

For  failing  to  obtain  license  for  amusements  7  7 

For  standing  in  hallway  of  theatre,  etc .  7  8 

For  giving  indecent  plays,  etc .  7  9 

For  disorderly  conduct  at  place  of  amusement  8  10 

For  procession  in  street  without  permit .  8  11 

For  shooting  gallery  without  license .  8  12 

For  target  shooting  in  uninclosed  place .  8  14 

For  permitting  animals  to  run  at  large .  10  1 

For  releasing  animal  from  pound  or  other  en¬ 
closure  .  13  11 

For  leaving  animal  unhitched,  etc .  13  12 

For  fraudulent  conduct  of  auctioneer .  16  7 

For  violation  of  auctioneer’s  regulations .  16  8 

For  keeping  billiard  table  without  license.  ...  18  1 

For  keeping  open  billiard  room,  etc .  18  3 

For  misconduct  of  billiard  table  keeper .  19  4 

For  violation  of  bill  poster  ordinance .  20  1 

For  maintaining  bill  board  contrary  to  ordi¬ 
nance  .  20  2 

For  trespassing  upon  cemetery  lots .  26  7 

For  encouraging  dogs  to  fight .  30  1 

For  violation  of  ordinance  by  druggist .  34  6 

For  failing  to  make  returns  of  election .  40  16 

For  disorderly  conduct  at  place  of  election. ...  41  21 

For  keeping  open  dram  shop  election  day ....  41  22 

For  breaking  fire  apparatus .  51  4, 

For  driving  over  fire  hose .  51  5 

For  throwing  water  on  persons  unnecessarily  51  6 

For  obstructing  street  at  fire .  52  7 

For  violating  order  of  Board  of  Health  .  64  7 

For  failing  to  report  contagious  disease .  66  11 

For  tearing  down  Board  of  Health  notices. ...  66  12 

For  endangering  others  to  contagious  disease  66  13 


xu 


INDEX. 


PAGE  SECTION 

For  endangering  the  spreading  of  contagious 

disease  .  66  14 

For  bringing  infected  person  or  clothing  into 

city .  66  15 

For  failure  of  foreign  insurance  company  to  re¬ 
port  or  pay  license .  69  5 

For  selling  liquors  without  license .  75  1 

For  selling  intoxicating  liquors  to  minor  with¬ 
out  permit .  77  4 

For  false  representation  to  dram-shop  keeper 

by  minor .  77  5 

For  employment  of  minor  in  dram-shop  without 

permit .  77  7 

For  procuring  liquor  for  minor .  78  7 

For  selling  liquor  to  habitual  drunkard,  etc  78  8 

For  permitting  dram-shop  to  remain  open,  etc  78  9-10 

For  failing  to  keep  order  in  dram-shop .  79  12 

For  permitting  use  of  dumb  waiter,  etc.,  in 

dram-shop  .  79  14 

For  failing  to  close  dram-shop  when  ordered 

by  mayor .  80  16 

For  selling  liquor  at  wholesale  without  license  80  19 

For  maintaining  nuisance  by  sale  of  intoxicat¬ 
ing  liquor .  81  22 

For  refusing  to  deliver  effects  to  successor  in 

office . : .  107  5 

For  failing  to  pay  money  into  city  treasury  ...  107  6 

Fraud  or  imposition  by  peddler .  118  3 

For  failure  by  railroad  to  repair  crossing .  121  5 

For  failing  to  remove  obstruction  in  street 

after  notice  .  128  2 

For  resisting  removal  of  obstruction  to  street.  128  3 

For  permitting  ouilding  material  in  street  ...  128  4 

For  failing  10  place  light  on  obstruction  in 

street  .  129  5 

For  failing  to  guard  excavations  in  streets  .  . .  129  6 


xm 


INDEX. 


PAGE  SECTION 


For  not  guarding  cellar  opening  on  street  ....  129 
For  permitting  merchandise  or  fuel  on  street 

after  notice .  129 

For  obstructing  street  by  teams  . .  ...  ...  . .  130 

For  unnecessary  obstruction  of  street  with 

buildings  .  130 

For  digging  in  streets  except .  130 

For  failing  to  guard  excavations  joining 

streets . 130 

For  removing  corner  stone  in  street .  131 

For  removing  earth  from  street  .............  131 

For  throwing  ashes  and  rubbish  in  street  ....  132 

For  stopping  team  on  crossings .  132 


For  feeding  or  huckstering  on  public  square.  .  132 
For  molesting  brick  pavement  or  side  walk. .  .  133 

Plats. 

Not  to  be  recorded  until  approved  by  city 


council  . 2 

Penalty  for  recording  plat  not  approved .  3 

Unusual  plat  how  authorized .  3 

Plumber. 

Required  to  take  out  license . . .  142 

Bond  to  be  given  by .  142 

To  make  returns  to  superintendent  water  sup¬ 
ply  system .  142 

To  observe  ordinance  of  city  on  water  supply 

system .  143 

Penalty  for  plumber  without  license .  143 

Owner  to  select  licensed  plumber .  137 

Not  to  turn  water  on  except .  140 

Penalty  for  violating  ordinance .  143 

Police  Magistrate. 

May  order  offender  committed  when  . .  47 


7 

8 
9 

11 

12-14 

13 

15 

16 

17-19 

20 

21 

23 


3 

4 
6 


1 

1 

2 

5 

6 
2 
9 
5 


11 


xiv 


INDEX. 


PAGE  SECTION 


Power  and  duties  of .  115  28 

Monthly  report  by .  115  29 

Annual  report  of  required .  115  29 

Fees  and  salary  of . *. .  116  80 

Railroads. 

Speed  of  cars  within  city .  120  1 

Not  to  obstruct  street  crossings .  120  2 

Locomotive  whistles .  120  3 

Crossings  to  be  maintained  by .  121  4 

Failure  to  repair  crossing  after  notice .  121  5 

City  may  build  crossing  when  .  121  6 

Lights  on  trains  required .  121  7 

Penalty  for  violating  regulation  for .  121  8 

Light  on  crossing  of .  121  9 

See  Chapter  XXX .  120 

Recovery  of  fines  and  penalties. 

Actions,  when  brought .  44  1 

Attorney  to  file  statement .  44  2 

Number  of  charges  not  limited .  45  3 

Summons  and  warrant  may  issue,  when .  45  4 

Special  bail,  effect  of .  46  4 

Judgment  by  default,  when .  46  5 

When  process  unnecessary .  46  6 

Duty  of  officer  making  arrest .  47  7 

Attorney  not  to  bring  suit,  when .  47  8 

Costs  of  suit,  when  paid .  47  9 

Complaining  witness  liable  for  costs,  when..  47  10 

Offender  to  stand  committed,  when  .  47  11 

Per  diem  allowed  convicted  offender .  48  12 

Refusing  to  work,  no  per  diem  allowed .  49  13 

See  Chapter  XIII .  44 

Salaries. 

When  payable .  107  7 

Of  city  attorney .  109  13 


xv 


INDEX. 


PAGE  SECTION 

Of  city  clerk . 112  20-^ 

Of  city  marshal .  114  27 

Of  police  magistrate  . . .  116  30 

Of  night  watchman . 116  32 

Of  mayor .  117  35 

Of  aldermen .  117  35 

Of  sexton .  25  6 

Sidewalks. 

Special  taxation  for  part  cost  of .  123  1-4 

Special  ordinance  required  for  construction  of  123  2 

Manner  of  constructing  brick  walks .  123  3 

City  to  construct,  when .  124  5 

Bill  of  cost  of,  furnished  clerk .  124  5 

Warrant  for  cost  of,  to  be  furnished  collector.  125  6 

Delinquent  tax  for,  reported  to  county  treasurer  125  7 

Property  sold  for  non-payment  of  special  as¬ 
sessment  for .  125  8 

See  Chapter  XXVI .  123 

Special  Assessments. 

To  be  collected  by  city  collector .  27  3 

Special  assessment  funds,  how  kept .  Ill  20 

Part  cost  of  sidewalks  by .  123  1-4 

Warrant  for,  furnished  city  collector .  125  6 

Part  of  delinquent  payments  of  to  county 

treasurer  .  125  7 

County  treasurer  to  obtain  judgment  for....  125  8 

Property  sold  for  at  general  tax  sale .  125  8 

Streets  and  alleys. 

Obstruction  of  forbidden .  127  1 

Obstruction  removed  upon  notice .  128  2 

Street  commissioner  to  remove  obstructions.  .  128  3 

Building  material  in  streets,  etc .  128  4 

Light  required  to  be  placed  on  obstructions  in 

street .  129  5 


xvi 


INDEX. 


PAGE  SECTION 


Railing  and  lights  required  at  excavations  in  129  6 

Cellar  doors  opening  on,  to  be  guarded . .  129  7 

Merchandise  and  fuel  in .  129  8 

Not  to  obstruct  by  teams .  130  9 

Person  placing  obstructions  in,  liable  for  dam¬ 
ages .  130  10 

Not  to  move  buildings  through,  except .  130  11 

Digging  in  street  forbidden .  130  12 

Excavation  adjoining  street  to  be  guarded. .  .  130  13 

No  excavations  in  permitted,  except .  130  14 

Removal  of  corner  stones,  etc.,  forbidden  ....  131  16 

Ashes  and  rubbish  not  to  be  thrown  in .  132  17 

Not  to  throw  papers,  etc.,  upon .  132  19 

Teams  not  to  be  stopped  on  crossings  of .  132  20 

Feeding  or  huckstering  forbidden  on  public 

square  .  132  21 

Brick  pavement  or  sidewalk  not  to  be  molested  133  22 

No  excavation  in  without  bond .  133  23 

See  Chapter  XXVII- . . .  127 

Wards. 

Division  of  the  city  into  .  134  1 

Boundary  of  first  ward .  134  2 

Boundary  of  second  ward .  134  3 

Boundary  of  third  ward .  135  4 

See  Chapter  XXVIII .  134 

Water  Supply  System. 

Rules  and  regulations  for,  adopted .  137  1 

Application  for  water  to  be  made .  137  2 

Service  pipe,  how  laid .  138  3 

Who  liable  for  water  rates  .  138  4 

Application  for  extension  or  change .  139  5 

City  not  liable  for  breaks  in .  139  6 

Water  rents  when  payable .  139  7 

Term  of  leases .  138  8 


XVII 


INDEX. 


PAGE 


City  officers  to  have  access  to  premises .  140 

Repairs  necessary  to  be  made  when .  140 

Consumer  not  to  allow  water  to  be  used  by 

others . .  140 

Water  for  building  purposes .  140 

To  run  only  when . •. . ,  .  141 

Hose  to  be  used,  regulated .  141 

Hydrants  and  fire  plugs  used  when .  141 

Sprinkling  to  cease  at  fire  alarm .  141 

Abuses  of,  enumerated .  141 

Penalties  for  violating  ordinance .  142 

Plumber  required  to  take  out  license .  142 

Plumber  to  make  returns . 142 

Interior  plumbing  to  stand  pressure .  143 

All  plumbing  work  to  be  inspected  by  superin¬ 
tendent  of .  143 

Penalty  for  plumbers,  etc .  143 

Unlicensed  plumber  not  to  do  work .  143 

Water  rates  classified .  143 

Unclassified  rates .  145 

Superintendent  of  to  be  appointed .  145 

Superintendent  to  collect  penalties  provided  by  146 

Superintendent  to  make  annual  report  of .  146 

Compensation  of  superintendent  of .  146 

Duties  required  of  city  clerk  by  .  146 

Compensation  of  city  clerk  for  services  to. .  . .  146 
See  Chapter  XXIX .  136 


SECTION 

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11 

12 

13 

14 

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17 

18 
19 

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4 

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6 
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